Help For Those Who Lost A Loved One To Wrongful Death

When tragedy occurs and your loved one dies in an accident caused by someone else’s reckless or negligent actions, it can be hard to imagine filing a wrongful death claim at the same time you are coping with so much grief. Thankfully, you do not have to manage the process of seeking justice for your loss on your own.

At Harper and Harper, LLC, our attorneys have more than 100 combined years of experience representing the needs of loved ones across northwestern Indiana through their wrongful death claims. We see these claims as an opportunity to help our community get back on its feet after one of the darkest chapters in their lives, and we want to be there for you after your loss.

What Is A Wrongful Death Claim?

A wrongful death claim is a civil action brought when a person dies because of another party’s negligence, recklessness, or intentional act. It allows the surviving family — through the estate — to recover for the financial and personal losses the death has caused. A wrongful death case is separate from any criminal prosecution: even if no criminal charges are filed, or a jury acquits, the family can still pursue a civil claim, which uses a lower burden of proof.

Who Can Bring An Indiana Wrongful Death Claim

For the death of an adult, Indiana law does not let just any family member sue. The claim must be brought by the personal representative of the deceased person’s estate (an executor named in a will, or an administrator the court appoints). The surviving spouse, children, and dependents are the people who ultimately receive the recovery, but the lawsuit itself is filed by the personal representative on their behalf. The one major exception is the death of a child, where a parent or legal guardian can file directly.

Indiana’s Three Wrongful Death Statutes

Which damages a family can recover depends on which of Indiana’s three wrongful death statutes applies. Sorting this out early is critical, because the differences are significant:

General Wrongful Death Statute (IC 34-23-1-1) — applies when the person who died left a spouse, dependent children, or dependent next of kin. It allows the broadest recovery, including lost financial support, and there is no cap on damages.
Adult Wrongful Death Statute (IC 34-23-1-2) — applies when the deceased was an unmarried adult with no dependents. The estate can recover medical, hospital, and funeral expenses, and nondependent parents or adult children can recover for the loss of love and companionship — but that companionship recovery is capped at $300,000 in total, and lost earnings are not recoverable.
Child Wrongful Death Statute (IC 34-23-2-1) — applies to the death of an unmarried person under 20 (or under 23 if enrolled in college or a career/technical program). Parents can recover for the loss of their child’s love and companionship and related losses, with no dollar cap.

These rules are technical, and the wrong assumption about which statute applies can dramatically change what a family is owed. One of the first things we do is determine the correct path and the full scope of recovery available.

Damages You May Be Able To Recover

Depending on the applicable statute, an Indiana wrongful death claim can seek compensation for:

Reasonable medical, hospital, and funeral and burial expenses
The lost earnings, benefits, and financial support the deceased would have provided
The loss of love, care, companionship, and guidance
The loss of the services the deceased provided to the household
Costs of administering the estate and reasonable attorney’s fees

Punitive damages are generally not available in Indiana wrongful death cases. Our role is to identify and prove every category of loss the law allows, so the recovery reflects the true impact of your loved one’s death.

Common Causes Of Wrongful Death

We help families after fatal incidents of many kinds, including:

Car accidents and truck accidents
Motorcycle accidents
Medical malpractice
Fatal workplace accidents
Dangerous or defective property conditions

The Deadline To File A Wrongful Death Claim

Indiana generally gives families two years from the date of death to file a wrongful death lawsuit. If a government entity may be responsible, the Indiana Tort Claims Act requires a formal written notice far sooner. Because these deadlines are firm and evidence fades quickly, it is important to speak with an attorney as soon as you are able.

Why You Should File A Claim

With everything a grieving family is managing, a personal representative may hesitate to pursue a claim at all. It helps to understand what a wrongful death claim can do, including:

Seeking justice and accountability against the party responsible for your loved one’s death
Establishing the consequences of the conduct that caused the loss, in the hope that no one else suffers a similar fate
Securing compensation for what the decedent provided to your family — lost income, retirement contributions, medical coverage, companionship, and more
Recovering the expenses caused by the death, including medical bills and funeral costs

Our goal as your legal representation is to minimize the burden on you while we fight to maximize the outcome of your claim. While many of these cases resolve through negotiation, our lawyers are fully prepared to go to trial if that is what it takes to achieve the result your family deserves.

We Are Here For You

Do not make the mistake of trying to file a wrongful death claim alone. If you lost someone due to another’s reckless or negligent actions, contact a legal team you can count on. We serve clients throughout Porter County and Northwest Indiana from our Valparaiso office, so call us at 219-762-9538 or email us here to schedule your initial consultation today.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Indiana?

For most adults, Indiana law requires the wrongful death claim to be filed by the personal representative of the deceased person's estate. If no will exists, the court appoints an administrator. Damages recovered are distributed to the surviving spouse and dependents or, if none exist, according to Indiana's inheritance laws. When the person who died was a child, the parents (or a guardian) can file directly.

What is the deadline for filing a wrongful death claim?

Indiana's statute of limitations for wrongful death claims is generally two years from the date of death. Shorter notice deadlines apply if a government entity is involved, and if the death resulted from a crime the timeline may differ. Prompt action is essential to preserve evidence and protect your rights.

What damages can be recovered in a wrongful death case?

Depending on which Indiana wrongful death statute applies, recoverable damages can include medical and funeral expenses, the lost earnings and financial support the deceased would have provided, the loss of love, care, and companionship, and loss of services. Punitive damages are generally not available in Indiana wrongful death cases, even where the conduct was egregious.

Is there a cap on wrongful death damages in Indiana?

It depends on who died. Under the general wrongful death statute (for a person with a spouse or dependents), there is no cap. Under the Adult Wrongful Death Statute (for an unmarried adult with no dependents), damages for loss of love and companionship are capped at $300,000 in total, and lost earnings are not recoverable. The Child Wrongful Death Statute has no dollar cap. Determining which statute applies is one of the first things we do.

Can I file a wrongful death claim if there's a criminal case?

Yes. Criminal cases and civil wrongful death cases are separate proceedings with different purposes and standards of proof. A criminal case seeks to punish the wrongdoer; a civil case seeks compensation for the family. You can pursue a civil claim regardless of whether criminal charges are filed or result in a conviction.

How long do wrongful death cases take to resolve?

Every case is different. Some resolve within months through settlement; others require years of litigation. Factors include the complexity of liability issues, the number of defendants, the extent of damages, and whether trial becomes necessary. We keep families informed throughout the process.

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