Wrongful death in Indiana

Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.

Elements

1
Death
A person died.
2
Wrongful act
The death was caused by a wrongful act, neglect, or default that would have supported a claim by the decedent if they had lived.
3
Survivors
The claim is brought by a statutory beneficiary or personal representative, not just anyone who is sad about it.
4
Damages
The statute lists what can be recovered: typically loss of support, services, companionship. Punitive damages are jurisdiction-specific.

Preponderance of the evidence. The underlying tort (often negligence) still has to be proven.

Wrongful death in indiana.

2 years

Ind. Code § 34-23-1-1

The personal representative must commence the action within two years of death.

If the decedent would already have been barred, the death claim is often barred too.