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Law Offices of Moseley & Martinez, LLC
Jason Moseley and Miguel Martinez in front of the Merrillville office

Indiana’s wrongful death statutes

Indiana has separate statutes for the death of an adult with dependents (Ind. Code § 34-23-1-1), an adult without dependents (§ 34-23-1-2), and a child (§ 34-23-2-1). Each has different rules about who may bring the claim, what damages are available, and whether damages are capped. The claim must generally be brought within two years by the personal representative of the estate.

Recoverable damages

Depending on the statute, damages can include medical and funeral expenses, lost earnings and benefits the decedent would have provided, loss of care, love, and companionship, and, for a child, loss of services and the parents’ own counseling expenses.

Where we take cases

We represent injured people everywhere in Indiana. Most of an injury case happens by phone, email, and video, so you do not need to live near one of our offices to work with us.

How our fee works

Injury cases are handled on a contingency fee: no retainer, no hourly bill, and no attorney fee unless we recover money for you. The percentage is set in a written agreement before we start and depends on the stage at which the case resolves. How contingency fees work, in plain English.

An attorney who handles these cases

James A. Hoffman

James A. Hoffman

Associate Attorney

A decorated U.S. Army veteran who set his sights on the law at age eight, James has represented hundreds of injured clients with a modern, client-first style and a refusal to let insurance companies run out the clock.

Frequently asked questions

Who can file a wrongful death claim in Indiana?

The personal representative of the estate files the claim, for the benefit of the surviving spouse, dependent children, or dependent next of kin. We can help open the estate if one has not been opened.

Find out if you have a case. It costs nothing to ask.

Five minutes on the phone and you will know where you stand. You will not owe us a fee unless we recover money for you, and the bills get handled before the check does.

Call Do I have a case?