Wrongful death refers to a fatality caused by another person’s negligence. It is devastating to have a loved one pass away unexpectedly due to dangerous driving, a defective product or something similar. Filing a wrongful death suit can be an option in these cases.

Here are some frequently asked questions about wrongful death claims in Indiana.

Who can file a wrongful death claim?

In Indiana, who can file a wrongful death claim depends on the age of the deceased. For a minor, the parents or legal guardian file the claim. For an adult, the personal representative of the estate files the claim, whether that be a parent, spouse, adult sibling or other close friend or family member of the deceased.

Because of this, the estate’s representative must be comfortable filing a lawsuit if needed.

Are there time limits for filing a claim?

Yes. In Indiana, a representative must file a wrongful death claim within two years of the death. However, it is often better to do so as soon as possible while details are still fresh in people’s minds.

Are there non-monetary reasons to file a claim?

Yes, and these may include:

  • Giving a sense of closure to surviving family members
  • Helping to ensure that the opposing party does not make the same mistake again
  • Serving as an example for other people

There are many reasons to file a wrongful death suit other than monetary reasons.

Understanding how wrongful death lawsuits work before filing a claim is beneficial and allows people to be a better advocate for their loved one.