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Simultaneous Death and the Indiana Wrongful Death Statute

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Updated April 30, 2019 | Wrongful Death |


WKW attorney Jon Noyes authored an article for the Indiana Law Review blog resolving ambiguities of the Indiana wrongful death statute when the order of death is ambiguous.

For example, what if a married couple dies simultaneously, making it impossible to determine who died first? How would damages apply?

Two Categories of Wrongful Death

In Indiana, the adult wrongful death statute groups individuals into two categories:

  1. Adults who were married, possessed dependent next of kin, or both
  2. 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.

Further Reading

For more information about ambiguities in Indiana’s wrongful death statute, read the full article.

Contact a Wrongful Death Attorney Today

If your loved one has died as a result of negligence, you are urged to contact an Indianapolis wrongful death lawyer from Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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