Attorney Jon Noyes authored an article for the Indiana Law Review Blog. The article dealt with resolving ambiguities of the Indiana wrongful death statute when the order of death is ambiguous.
In Indiana, the adult wrongful death statute groups individuals into two categories:
- Adults who were married, or possessed dependent next of kin, or both.
- Adults who were not married and possessed no dependent next of kin.
The damages available under the Indiana wrongful death statute depends on which category the decedent falls into. However, what happens when a married couple expire simultaneously or in a manner that makes it impossible to determine who predeceased who?