General/Adult Wrongful Death vs Child Wrongful Death

A wrongful death claim can be brought in Indiana against a person or entity that allegedly caused an individual’s death. This claim seeks monetary compensation and has deep rooted historical origins. Compensation for causing a person’s death dates to Frankish law and the feudal system in England. A ​“Wergild” was the amount of compensation paid by a person committing a wrongful act leading to the death of a person. The amount of the Wergild to be paid varied based upon a person’s status in the feudal system. For example, the death of a lord or clergy member would be worth more than that of a servant. English laws were developed and eventually passed down into our American legal system.

Fast forward several centuries and most states, including Indiana, have statutes that now govern wrongful death claims, dictating who can bring the claim, who can recover, and what damages can be sought. 

Indiana has two separate wrongful death statutes one referred to as the general/​adult wrongful death statute, that governs claims for adults, and a second statute that governs claims for the death of a child, called the child wrongful death statute. 

General and Adult Wrongful Death Statute (Ind. Code 34−23−1−1, 34−23−1−2)

An adult wrongful death claim must be brought by the personal representative of the estate of the decedent. Most often, this is a surviving family member, such as a surviving spouse. However, any person or entity can be appointed as the personal representative as long as they meet the requirements found in Ind. Code 29−1−10−1. Recoverable damages include: (1) reasonable medical and hospital expenses; (2) reasonable burial expenses; (3) lost earnings/​services – past and future; (3) estate administration costs; and (4) loss of love, care, and affection. Any amount of money recovered, other than medical/​funeral bills, passes outside of the estate and follows Indiana’s statute on intestate succession found in Ind. Code 29−1−2−1. In some circumstances, attorney fees may also be awarded under the adult wrongful death statute. 

A significant cap on damages limits an adult who dies without a surviving spouse or dependents. Indiana caps loss of love, care, and affection in this situation at $300,000. However, there are situations where proof of dependency can be established even when the decedent left no surviving spouse or children. Necessary v. Inter-State Towing, 697 N.E.2d 73. 

Child Wrongful Death Statute (Ind. Code 34−23−1−3)

Indiana law treats the death of a child differently than the death of an adult. First, the parents of the deceased child bring the claim directly, rather than a personal representative of an estate. A child is considered to be any person under age twenty, or under age twenty-three, if the child was enrolled in a postsecondary education institution or technical school. The following damages are recoverable jointly by the parents: (1) loss of the child’s services; (2) loss of the child’s love and companionship; (3) medical and hospital bills; (4) funeral and burial expenses; (5) reasonable expense of psychiatric/​psychological counseling for parents; (6) uninsured debts of the child; and (7) estate administration costs and attorney fees. There is no cap on damages under Indiana’s child wrongful death statute. 

If the parents are not bringing the claim jointly, for example when one of the parents is estranged from the family, the non-joining parent must be named as a defendant in the case. A claim risks being dismissed if the non-joining parent is not named as a co-defendant. Peters v. Girl Scouts of Sw. Ind., Inc., 230 N.E.3d 349, 353 (Ind. Ct. App. 2024).

The area of wrongful death law, as seen above, can be incredibly complicated. The team at Ball Eggleston has experience handling complex cases involving the death of a loved one and is ready to support and advise you throughout the legal process.