Guide to Wrongful Death in Indiana

WHAT IS A WRONGFUL DEATH LAWSUIT?

A wrongful death lawsuit is a civil claim brought on behalf of the surviving family members of a person who died because of another party’s negligent, reckless, or intentional conduct. The purpose is not criminal punishment. It is compensation for the financial and emotional losses the family has suffered as a result of the death.

In Indiana, the claim must generally be brought by the personal representative of the deceased person’s estate. However, the rules differ depending on which of Indiana’s three wrongful death statutes applies. In cases involving the death of a child, for example, a parent or guardian may be able to bring the claim as Indiana law permits.

The plaintiff must prove, by a preponderance of the evidence, that the defendant committed a wrongful act or omission, that the conduct caused the death, and that legally recoverable losses resulted. This is a lower standard than the beyond-a-reasonable-doubt standard used in criminal homicide cases.

WRONGFUL DEATH vs. CRIMINAL HOMICIDE

Wrongful death claims can arise from many circumstances, but they share a common thread: a death caused by another party’s negligence, recklessness, or intentional conduct. The cases Montross Miller most frequently handles involve medical negligence, nursing home abuse and neglect, and dangerous property conditions. Other claims may involve vehicular accidents, workplace incidents, defective products, or intentional acts of violence, depending on the facts involved.

Wrongful Death from Medical Malpractice in Indiana

When a doctor, nurse, or other healthcare provider fails to meet the accepted standard of care and a patient dies as a result, the surviving family may have a wrongful death claim.These cases may also fall under Indiana’s Medical Malpractice Act. For claims against qualified healthcare providers, a proposed complaint must be filed with the Indiana Department of Insurance, and the case may proceed through the Medical Review Panel process. For malpractice occurring on or after July 1, 2019, total recovery against qualified healthcare providers is generally limited to $1.8 million.

When a nursing home resident dies because of abuse, neglect, or inadequate care, the family may have a wrongful death claim against the facility, its staff, or both. These cases often involve falls, untreated infections, medication errors, malnutrition, or physical abuse that the facility failed to prevent or address. Establishing liability requires showing that the facility’s care fell below the accepted standard and that the failure caused or contributed to the death.

Workplace fatalities can result from unsafe conditions, inadequate training, defective equipment, or other failures. Indiana workers’ compensation law generally provides the remedy for an accidental death arising from employment, which may limit a civil claim against the employer. When someone other than the employer or a co-worker caused or contributed to the death, however, the family may also have a claim against that third party. The available claims depend on who was responsible and how the death occurred.

A wrongful death claim may arise when a defective or unreasonably dangerous product causes someone’s death. Depending on the defect and the parties involved, liability may rest with the manufacturer or, in certain circumstances, another company involved in selling or distributing the product. These cases may involve defective vehicles, machinery, pharmaceuticals, medical devices, or other consumer products.

Indiana has three wrongful death statutes, and which one applies determines who may receive compensation. The answer depends on the age, marital status, dependents, and other circumstances of the person who died. The personal representative of the estate files the claim in most cases, but the people who receive compensation are determined by Indiana law, not by whoever initiated the process.