Wrong Death Claims in Indiana: What You Need to Know

The death of a loved one is a tragedy, particularly if it is a result of someone else’s negligence or intentional actions. This can be especially difficult when the loss is caused by truck or other commercial motor vehicle accident. In the wake of this traumatic experience, it can be difficult to decide the next steps to take. But there are avenues, such as making a wrongful death claim, that can help provide you with justice and closure.

If you choose to pursue filing a wrongful death lawsuit, it is important to understand the fundamentals of such a lawsuit.

Different Types of Wrongful Death Cases in Indiana

There are essentially three different types of wrongful death cases. Most wrongful death claims do not have any type of damage award cap. However, if the victim is an adult who is not married and has no dependents, then Indiana does impose a damage award cap.

The first is where the person who was killed has a spouse and/or minor children or other dependent next of kin. Under Indiana Code § 34-23-1-1, cases involving dependent family members have no cap on how much they can be compensated for the death of their loved one. It states that you can recover an amount that will cover reasonable medical, hospital, funeral and burial expenses, and lost earnings of the deceased. Any remaining damages will be distributed to a widow or dependent next of kin in the same manner as the personal property of the deceased.  The other damages that a spouse or other dependent family members can recover can include the loss of love, companionship. services and parental guidance.

The child wrongful death statute applies when a child who is under the age of 20 or under the age of 23 and enrolled in a postsecondary educational institution or a career and technical education school such as a university or college has been wrongfully killed. The Indiana Child Wrongful Death Act, or Indiana Code § 34-23-2-1, also has no cap on how much can be recovered in the suit because parents or the guardian of the child are permitted to seek recovery. The recovery includes the following:

• The child’s love and companionship
• The child’s services
• Healthcare expenses
• Funeral and burial costs
• The child’s uninsured debts, such as student loans
• Reasonable expenses for pain and suffering and emotional distress; this can include psychiatric and psychological counseling services for grieving parents and/or minor siblings
• The administration of the child’s estate
• Attorney fees.

The third type of wrongful death claim is for an unmarried adult with no dependents. Unmarried adults may have living parents or non-dependent children, but they do not have anyone that is considered to be dependent in the eyes of the law. For cases that fall under this category, there is a cap of $300,000 in Indiana for the loss of love and companionship of the decedent, according to Indiana Code § 34-23-1-2. In addition to the $300,000, parents and non-dependent children of the decedent can recover attorney fees, medical expenses, cost of probating the estate, and similar expenses.

In order to recover for the loss of love and companionship under the Adult Wrongful Death Act states that “A parent or child who wishes to recover damages under this section has the burden of proving that the parent or child had a genuine, substantial, and ongoing relationship with the adult person before the parent or child may recover damages.” Before agreeing to the $300,000 wrongful death cap, any family should speak with a wrongful death attorney, like those at Craig, Kelley & Faultless, because the cap does not apply if there are family members who are dependent on the deceased.

Under Indiana law, any family member who was “partially” dependent upon the family member who was killed can avoid the $300,000 cap under the Adult Wrongful Death Statute. Dependency is rather broad and the attorneys at Craig, Kelley & Faultless have helped adult children, parents, siblings, or grandchildren who are found to be partially dependent, therefore eliminating the cap.

Nationally Recognized Truck Accident Attorney David W. Craig believes the idea that a life is only worth $300,000 is outrageous. “What’s really sad is, that in some ways, an injury claim, oftentimes, is worth more than $300,000. The defense has to pay, on some people catastrophically injured, far more than $300,000 as settlement or a jury verdict,” David said. “So, in Indiana, at least, it’s cheaper to kill somebody in some situations, than it is to hurt them. And that to me, as a human being, as a plaintiff lawyer, as a truck accident lawyer, is ridiculous and horrible. I think we should be able to trust juries to decide what the value of a life is.”

First Steps to Take

In the instance of a wrongful death, especially if the victim was killed in a semi or other heavy truck wreck, it is crucial to hire an attorney immediately. Although you are grieving and the last thing you are thinking about is making a claim, acting quickly can make or break your case.

The statute of limitations for wrongful death cases in Indiana is two years, so the sooner you file, the more time you have to pursue your case. But more importantly, you want to be sure you hire an attorney to begin investigating before evidence disappears. For semi-truck wrecks, trucking companies will do everything they can to protect their assets, even if that means moving or destroying evidence from an accident. They may have lawyers and a team at the scene of an accident that will begin taking care of evidence before the police even arrive.

You should start by hiring an attorney that is board-certified in truck accident law and has the assets and team necessary to thoroughly investigate the wreck. Your attorney may employ reconstructionists, mechanics, and private investigators that will get to the bottom of what caused the wreck, as well as an experienced legal team to help your attorney build your case. This ensures that while you are handling a funeral and other arrangements, you can trust that somebody is looking out for and protecting your family’s interests.

Ask David: Episode 77 of After the Crash with Ashley Napier

David W. Craig is the managing partner and a founding member of Craig, Kelley & Faultless, a personal injury and wrongful death law firm. He has authored two books, Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, to help victims navigate the legal process.

Ashley Napier is the Litigation Supervisor at Craig, Kelley & Faultless. She is a crucial member of the firm’s legal team, working to keep attorneys, file managers, legal assistants, and law clerks on track.

She and David discussed the different types of wrongful death cases and what steps to take on a recent episode of After the Crash, David’s free podcast. Ranked fourth-best personal injury podcast by FeedSpot, After the Crash educates and empowers listeners.

Ashley asked David questions about what families need to know when filing a wrongful death lawsuit during episode 77.

Want to Know More? Check Out These Resources

Learn more by following Craig, Kelley & Faultless on Facebook, LinkedIn and YouTube.

The attorneys at Craig, Kelley & Faultless are nationally recognized and have helped clients across the country recover from life-altering wrecks. They are prepared to fight insurance companies and motor carriers on your behalf.

Both attorneys David W. Craig and Scott A. Faultless specialize in truck accident cases and are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team—including investigators, reconstructionists and mechanics—that is sent to the scene of a wreck to collect evidence as soon as the firm is hired.

For a free case consultation, contact the team at Craig, Kelley & Faultless today by calling (888) 253-5198 or submitting an online form.

David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys. He is board certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck: A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.