When a family member dies because of someone else’s negligence, the family left behind is grieving a preventable death while also facing legal questions they never expected to ask. Who gets the money in a wrongful death lawsuit is one of them, and in Indiana, the answer depends on which of the state’s three wrongful death statutes applies, and that comes down to the age, marital status, and circumstances of the person who died.

Who Can File a Wrongful Death Lawsuit?

For most Indiana wrongful death claims, a lawsuit must be filed by the personal representative of the deceased person’s estate. That may be the executor named in a will or someone appointed by the probate court when there is no will.

The personal representative brings the case on behalf of the people entitled to recover under Indiana law. Being appointed to file the lawsuit does not give that person the right to decide who receives the money. It also does not mean the entire recovery becomes part of the estate.

A different rule applies when the person who died was a child. Indiana’s Child Wrongful Death Statute generally allows a parent to bring the claim directly.

Which Indiana Statute Applies to Your Family

Most states have one wrongful death law. Indiana has three, and which one applies changes everything: who receives compensation, what types of damages are available, and whether any caps apply.

The General Wrongful Death Statute (IC 34-23-1-1) applies when the deceased person had a surviving spouse, dependent children, or dependent next of kin. This is the statute that covers most married adults and parents. After medical, hospital, funeral, and burial expenses are paid through the estate, the remaining compensation benefits the surviving spouse, dependent children, or dependent next of kin.

The Adult Wrongful Death Statute (IC 34-23-1-2) generally applies when the deceased was an unmarried adult without dependents. It also covers a limited situation involving a married adult without dependents whose death was caused by the person’s spouse. Compensation flows to nondependent parents or nondependent children of the deceased, but only if they can show a genuine, substantial, and ongoing relationship with the person who died. Damages for loss of love and companionship are capped at $300,000 under this statute. Lost earnings are not recoverable.

The Child Wrongful Death Statute (IC 34-23-2-1) applies when the deceased was an unmarried person without dependents who was under 20, or under 23 and enrolled in a postsecondary institution or qualifying career and technical education program. The parents generally receive the compensation. When the parents are divorced, the custodial parent ordinarily brings the claim, but the court may divide certain damages between the custodial and noncustodial parents according to their respective losses. A custodial grandparent may also qualify in certain circumstances. There is no general statutory cap on damages under this statute.

What Compensation Is Available Under Indiana’s Wrongful Death Statutes?

Across all three statutes, families may recover reasonable medical, hospital, funeral, and burial expenses. Loss of love and companionship is available under all three, though the Adult Wrongful Death Statute caps it at $300,000. Lost earnings are recoverable under the General Wrongful Death Statute but not the Adult Wrongful Death Statute. Punitive damages are not available under any of the three statutes, and none of them allow compensation for the pain and suffering the person who died went through before death.

When the death resulted from malpractice by a qualified health care provider, Indiana’s Medical Malpractice Act may impose an additional cap on the total recovery. For malpractice occurring after June 30, 2019, that cap is generally $1.8 million. For more on how that affects a wrongful death case, see wrongful death from medical malpractice in Indiana.

Do Siblings Get Money in a Wrongful Death Lawsuit?

Siblings, stepchildren, aunts, uncles, and other extended family members are generally not eligible to receive compensation under Indiana’s wrongful death statutes. Indiana’s framework is built around financial dependency and close family relationships. A sibling might qualify as a dependent next of kin under the General Wrongful Death Statute if they were genuinely financially dependent on the deceased, but that is a fact-specific determination and not a given.

Montross Miller Wrongful Death Attorneys Can Help

Which statute applies, who’s entitled to compensation, and what your family can recover depend on the specific facts of your case: the age and marital status of the person who died, whether they had dependents, and the makeup of the family left behind. Filing under the wrong statute or missing a beneficiary can affect both the recovery and the timeline.

Montross Miller has represented families in wrongful death cases throughout Indiana for more than 45 years. If you have questions about who may be entitled to compensation in your family’s situation, contact us online or call (317) 574-4500 for a free, confidential case evaluation.