Page 69 - Demo

Wrongful Death
Wrongful death claims were not recognized under Indiana common law, they are solely a creature of statute. IC 34-23-1-1, IC 34-23-1-2 and IC 34-23-2-1. The damages recoverable for wrongful death claims depend upon the type of decedent and nature of surviving family members as follows:
1. Adult with Surviving Spouse:
a. Reasonable medical, hospital and burial expenses
b. Earnings of decedent/value of future support
c. Love, care and affection (no cap)
d. Loss of services (no cap)
e. Costs of administering the estate
2. Adult with Surviving Dependent Children:
a. Same as #1 except surviving dependent children can obtain damages for loss of parental
guidance instead of loss of services (no cap)
3. Adult with Surviving Dependent Next of Kin:
a. Same as #2 but no damages for loss of parental guidance
4. Unmarried Adult with No Dependents and No Next of Kin:
a. Reasonable medical, hospital and burial expenses
b. Cost of administering the estate
c. Reasonable attorney’s fees for pursuing the wrongful death claim
5. Unmarried Adult with No Dependents but With Surviving Nondependent Children
and/or Parents:
a. Reasonable medical, hospital and burial expenses
b. Loss of love and companionship (capped at $300,000 aggregate)
c. Cost of administering the estate
d. Reasonable attorney’s fees for pursuing the wrongful death claim
6. Child:
a. Reasonable medical, hospital and burial expenses
b. Loss of child’s love and affection (no cap)
c. Loss of services (no cap)
d. Reasonable cost of psychiatric counseling incurred by surviving parent(s)
or minor sibling(s)
e. Child’s uninsured debts, including debts parents are required to pay on child’s behalf
Survival
Indiana’s survival statute provides that personal injury claims resulting from wrongful acts survive the death of the decedent from causes other than the wrongful act. IC 34-9-3-4. Such claims must be brought by the decedent’s personal representative and the damages inure to the benefit of the decedent’s estate.
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