Indiana has TWO wrongful death statutes — the General Wrongful Death Act (Ind. Code § 34-23-1-1) for decedents with surviving spouses or dependents carries no noneconomic damages cap, while the Adult Wrongful Death Act (§ 34-23-1-2) for unmarried adults without dependents caps loss-of-love-and-companionship at $300,000 — and punitive damages are available but 75% flows to the state under § 34-51-3-6.
Indiana's dual wrongful death framework is the most consequential differentiator in any Indiana fatal-accident case. The General Wrongful Death Act under Ind. Code § 34-23-1-1 applies when the decedent is survived by a spouse or dependent children — it imposes a two-year filing deadline from date of death and places no statutory cap on noneconomic damages. The Adult Wrongful Death Act under § 34-23-1-2 applies to unmarried adults without dependents — it imposes the same two-year deadline but caps recovery for loss of love and companionship at $300,000. Identifying which statute controls requires knowing the decedent's marital and dependent status at the date of death, and that determination shapes the entire damages exposure and settlement strategy. Punitive damages are available in both tracks under § 34-51-3-4 (capped at the greater of 3x compensatory or $50,000), but 75% of any punitive award goes to the state and only 25% to the plaintiff under § 34-51-3-6.
Indiana's wrongful death SOL is two years from the date of the decedent's death under both Ind. Code §§ 34-23-1-1 and 34-23-1-2 — not from the date of the crash if the decedent survived a period before dying. When a crash victim survives for weeks or months before succumbing to injuries, the two-year wrongful death window starts from the date of death. This is the same as Indiana's general two-year PI SOL under § 34-11-2-4, but the clocks run from different dates — a family counting from the crash date may believe they have more time than they do. Meanwhile, crash evidence — EDR data, surveillance footage, witness availability, road surface conditions — degrades on a schedule of days to weeks regardless of which SOL controls.
Whether the General Wrongful Death Act (§ 34-23-1-1) or the Adult Wrongful Death Act (§ 34-23-1-2) applies determines the damages ceiling. Under § 34-23-1-1, decedents with surviving spouses or dependent children generate no statutory cap on noneconomic wrongful death damages — lost companionship, guidance, and love are recoverable without a legislative ceiling. Under § 34-23-1-2, for unmarried adults without dependents, recovery for loss of love and companionship is capped at $300,000. The difference is profound: a single adult without dependents who dies in the same crash as a married parent of minor children will face dramatically different damages exposure depending on which statute applies. An attorney identifies the controlling statute immediately and structures the damages theory accordingly.
Indiana's punitive damages framework applies to wrongful death cases where the defendant acted with malice, fraud, gross negligence, or oppressiveness. Under Ind. Code § 34-51-3-4, punitive damages are capped at the greater of three times the compensatory damages award or $50,000. Under § 34-51-3-6, 75% of any punitive award goes to the Indiana Violent Crime Victims Compensation Fund, and only 25% goes to the plaintiff. This is one of the highest state-share allocations in the country. In a case where punitive damages are warranted — a drunk driver, a carrier who ignored known mechanical failures, a property owner who concealed a known hazard — the punitive cap and split must be factored into every settlement demand and trial strategy. A $3,000,000 compensatory award caps punitives at $9,000,000 — but only $2,250,000 reaches the plaintiff family after the 75% state share.
When a fatality occurred on an Indiana government road, at a government facility, or involved a government vehicle, a wrongful death claim against INDOT, a political subdivision, or the State of Indiana may supplement recovery from private defendants. The Indiana Tort Claims Act under Ind. Code § 34-13-3-8 requires written notice of a tort claim to the governing body of the appropriate political subdivision within 180 days of the date of loss. ITCA damages for government defendants are capped at $700,000 per person and $5,000,000 per occurrence under § 34-13-3-4. The 180-day notice deadline runs concurrently with the two-year wrongful death SOL — government and private defendants must be identified and engaged simultaneously. Missing the ITCA notice permanently bars the government-entity wrongful death recovery track.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Two years from the date of the decedent's death under both Ind. Code § 34-23-1-1 (General Wrongful Death Act) and § 34-23-1-2 (Adult Wrongful Death Act). The clock runs from the date of death — not from the crash date if the decedent survived a period before dying. For government-entity claims, the Indiana Tort Claims Act under § 34-13-3-8 requires 180-day written notice to the appropriate political subdivision.
It depends on which statute applies. Under Ind. Code § 34-23-1-1 (for decedents with surviving spouses or dependents), there is no statutory cap on noneconomic wrongful death damages. Under § 34-23-1-2 (Adult Wrongful Death Act — for unmarried adults without dependents), loss-of-love-and-companionship damages are capped at $300,000. Identifying the decedent's marital and dependent status at the date of death determines which statute controls and whether the cap applies.
Punitive damages are available in Indiana wrongful death cases involving malice, fraud, gross negligence, or oppressiveness. Under Ind. Code § 34-51-3-4, punitives are capped at the greater of 3x compensatory damages or $50,000. Under § 34-51-3-6, 75% of any punitive award goes to the Indiana Violent Crime Victims Compensation Fund — only 25% reaches the plaintiff family. This allocation must be factored into every settlement demand and trial valuation in cases where punitive damages are warranted.
Under both Ind. Code §§ 34-23-1-1 and 34-23-1-2, the personal representative of the decedent's estate files the wrongful death action. For decedents with surviving spouses or dependent children, the net proceeds (after funeral and medical expenses) inure to the exclusive benefit of the spouse and children. For unmarried adult decedents without dependents under § 34-23-1-2, the proceeds cover funeral and medical expenses with the balance distributed to the parents or siblings as next of kin.
If the fatality involved a government road defect, government vehicle, or government-maintained facility, the Indiana Tort Claims Act under § 34-13-3-8 requires written notice to the governing body of the appropriate political subdivision within 180 days of the date of loss. ITCA damages against government defendants are capped at $700,000 per person and $5,000,000 per occurrence under § 34-13-3-4. The 180-day ITCA notice deadline runs concurrently with the two-year wrongful death SOL — missing it permanently eliminates the government-entity claim.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
Ind. Code § 34-23-1-1
death from wrongful act or omission; personal representative files within 2 years
Ind. Code § 34-23-1-2
Wrongful death damages; $300,000 cap for adult decedents without dependents
Ind. Code § 34-51-3-4
greater of 3x compensatory or $50,000
Ind. Code § 34-51-3-6
25% to plaintiff, 75% to state
Ind. Code § 34-18-14-3
$1.8 million total damages cap
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