Wrongful death is defined in Indiana law as occurring when “the death of one is caused by the wrongful act or omission of another.” A wrongful death claim can be conceptualized of as a type of personal injury in which, due to his or her death, the affected party cannot bring the charge. As a result, the estate does it.
Wrongful death claims in Indiana are designed to establish liability about any negligence that might have caused the death and to compensate the estate for expenses specifically related to the illness, injury, or death.
Most states have rules about who may file a wrongful death claim. In Indiana, only the personal representative of the estate may file. However, any awards can go to a husband or wife, children, or other dependents. If the death is that of a child, the claim has to be brought by one or both of the parents, or by the parent who has custody if the parents are divorced.
Under state law, the estate may claim damages for lost wages and benefits that the deceased could have been expected to receive had he or she lived; medical and hospital expenses; funeral and burial costs; and expenses related to pursuing the wrongful death suit.
Unlike some states, a wrongful death claim cannot be brought in Indiana for the survivors’ grief.