We're sorry you're reading this page. Losing someone suddenly, in a crash or because of someone else's carelessness, turns everything upside down. You don't have to sort out the legal side alone, and you don't have to decide anything today.
How Indiana wrongful death claims work
Indiana has separate laws depending on who died:
- An adult with a spouse or dependents (IC 34-23-1-1)
- An adult with no spouse or dependents (IC 34-23-1-2)
- A child (IC 34-23-2-1)
In most cases the claim is brought by the personal representative of the estate, which usually means a probate court has to appoint someone. For a child, the parents may bring the claim. Who receives what depends on which statute applies.
Deadlines
A wrongful death action generally must be filed within two years of the death (IC 34-23-1-1). If a government unit may be responsible, a written notice may be due within 180 or 270 days (IC 34-13-3). These deadlines are strict.
What families can do now
- Keep the papers you receive: the crash report, hospital records, funeral bills, insurance letters.
- Don't sign anything from an insurance company until you understand it.
- Take care of each other. The legal work can wait a few days, just not too long.
When you're ready, call. We'll listen, explain how it works, and answer your questions. For our fee on these cases, see our fees or ask when you call.
Related: FAQ · What to do after a crash · Marion County
Call (317) 780-8000.
Sources
- IC 34-23-1 (wrongful death): iga.in.gov/ic/2026/Title_34/Article_23/Chapter_1.pdf
- IC 34-23-2 (death of a child): iga.in.gov/ic/2026/Title_34/Article_23/Chapter_2.pdf
- IC 34-13-3 (Tort Claims Act notice): iga.in.gov/ic/2026/Title_34/Article_13/Chapter_3.pdf