Losing a family member because of someone else’s carelessness is devastating. A wrongful death claim cannot undo that loss, but it can hold the responsible party accountable and help a family with the financial harm that follows. Poynter & Bucheri handles wrongful death claims arising from truck crashes, car crashes, and other negligence throughout Indiana.
Who can bring a wrongful death claim in Indiana
Indiana’s general wrongful death statute (IC 34-23-1-1) requires that the claim be brought by the personal representative of the person’s estate, which usually means an estate must be opened. Damages are recovered for the benefit of the surviving spouse, dependent children, or other dependents, and certain expenses.
Indiana has separate rules for different situations:
- Adults with a spouse or dependents: handled under the general statute.
- Unmarried adults without dependents: handled under the Adult Wrongful Death Statute (IC 34-23-1-2), which limits certain non-economic damages.
- Children: handled under the Child Wrongful Death Statute (IC 34-23-2-1).
What damages may include
Depending on the statute that applies, damages can include medical, funeral, and burial expenses; lost earnings and financial support; and the loss of love, care, and companionship. Which damages are available—and any limits—depend on the family situation, so a careful review is important.
Deadline
A wrongful death action generally must be filed within two years of the death. If a government entity may be involved, Tort Claims Act notice is required much sooner (180 days for local governments, 270 days for the State).
Wrongful death in truck crashes
Fatal crashes involving semis often involve commercial insurance, multiple responsible companies, and electronic evidence that must be preserved quickly. See our Indiana truck accident lawyer page.
Results Poynter & Bucheri has published
- $1,400,000 Settlement · Truck accident / wrongful deathA semi driver crashed into the back of a vehicle stopped in interstate traffic, resulting in the wife’s wrongful death and the husband’s serious bodily injury.
See all case results published by Poynter & Bucheri
Results as published by Poynter & Bucheri on pb-law.com/our-results. Prior results do not guarantee a similar outcome. Every case is different, and the amount recovered depends on the facts, the injuries, the available insurance, and other factors. Amounts shown are gross amounts before attorney fees and costs unless stated otherwise.
In that matter, as described on our firm website, we retained a trucking engineer whose inspection revealed faulty brakes, a forensic psychiatrist who evaluated the surviving husband for post-traumatic stress disorder, and an economics professor to calculate economic damages; the case was resolved at pre-suit mediation.
Frequently asked questions
Who can file a wrongful death lawsuit in Indiana?
Under IC 34-23-1-1, the personal representative of the deceased person’s estate brings the claim, for the benefit of the surviving spouse, dependents, and others the statute allows.
How long do we have to file a wrongful death claim in Indiana?
Generally two years from the date of death. Claims against government entities require written notice within 180 or 270 days.
Are there limits on wrongful death damages in Indiana?
Some. For example, the Adult Wrongful Death Statute (IC 34-23-1-2) limits certain non-economic damages for unmarried adults without dependents. The rules differ by situation.
Sources
- Indiana University Public Policy Institute (for the Indiana Criminal Justice Institute), Indiana Traffic Safety Facts: Indiana Crash Facts 2024 (PDF; 2024 data from Indiana officer crash reports)
- IC 34-23-1-1 — official heading: “Death from wrongful act or omission.” A wrongful death action is brought by the personal representative of the person who died and must be commenced within two years.
- IC 34-23-1-2 — official heading: “Wrongful death actions; damages.” Damages rules for wrongful death actions, including the death of an “adult person” as that section defines it.
- IC 34-23-2-1 — official heading: “Injury or death of child; action by parent or guardian.” Action by a parent or guardian for the injury or death of a child.
Indiana Code links open the official chapter PDF from the Indiana General Assembly (2026 Code); federal rules link to the current eCFR text.
More official links: Indiana accident resources · Indiana crash statistics · How to get your crash report
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.