Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In Indiana, wrongful death claims are governed by statutes that allow the estate or certain family members of a deceased person to seek damages from the party responsible for the death. The Indiana Wrongful Death Act (IWDA), Indiana Code 34-23-1, and the Adult Wrongful Death Act provide the legal framework for these claims. Under these laws, the personal representative of the deceased's estate can file a lawsuit on behalf of the estate and the surviving family members, such as the spouse, children, or dependent next of kin. Damages that may be recovered include medical, funeral, and burial expenses, as well as loss of the deceased's love and companionship. The statutes also outline the time limits for filing a wrongful death claim, known as the statute of limitations, which is generally two years from the date of death in Indiana. However, the specific provisions and limitations can vary, so it is important to consult with an attorney to understand the rights and remedies available under Indiana law.