Indiana Complaint for Wrongful Death - Multiple Counts
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How to fill out Complaint For Wrongful Death - Multiple Counts?
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FAQ
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
In Indiana, the damage caps for wrongful death lawsuits are as follows: $1.25 million cap for death caused by medical malpractice. $300,000 cap for loss of love and companionship damages for a deceased, unmarried adult with no dependents. $700,000 cap for death caused by a government entity.
The statute of limitations is the deadline by which you must file a legal claim in Indiana. In Indiana, you must file a wrongful death claim within two years of the individual's death. If you miss that deadline, you may not be able to pursue a wrongful death claim.
That is why Indiana law says wrongful death claims can only be filed by the personal representative of the decedent's estate. This is the person in charge of administering the deceased person's estate, often a spouse, child, parent or sibling. The only exception to this rule is if the victim was a child.
Indiana damage capsCase typeAmountStatuteLawsuits against the governmentTotal damages capped at $700,000Ind. Code 34-13-3-4Wrongful deathTotal damages capped at $300,000 if deceased is unmarred, 23-years of age or older, and has no dependentsInd. Code 34-23-1-22 more rows
Civil Statutes of Limitation in Indiana: At a Glance Injury to PersonTwo years (Ind. Code § 34-11-2-4(1))FraudSix years (Ind. Code § 34-11-2-7(4))Injury to Personal PropertyTwo years (Ind. Code § 34-11-2-4(2))Professional MalpracticeTwo years (Ind. Code § 34-11-2-3)TrespassTwo years (Ind. Code § 34-11-2-4)4 more rows