Indiana Wrongful Death Settlement Calculator
Ind. Code § 34-23-1-1 — two years from the date of death for an adult decedent. Only the personal representative of the estate may file. No statutory cap on contingency fees, only a reasonableness standard under Ind. R. Prof. Cond. 1.5(a).
How much is an Indiana wrongful death settlement worth? This review did not verify settlement-value data for Indiana, so no figure is given here. What is established: the two-year filing deadline under Ind. Code § 34-23-1-1 and the rule that only the estate's personal representative may bring the claim.
⚖ Ind. Code § 34-23-1-1: two years from the date of death for an adult decedent. Only the personal representative of the estate may file — and a hidden medical-malpractice trap can cut that window even shorter.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Indiana Wrongful Death — Filing Deadline and Who May Sue
Under Ind. Code § 34-23-1-1, Indiana's general Wrongful Death Act gives the estate two years to sue. The statute reads: "the action shall be commenced by the personal representative of the decedent within two (2) years." The statutory text itself does not name what starts that clock, but the Indiana Supreme Court in Ellenwine v. Fairley, 846 N.E.2d 657 (Ind. 2006), confirmed the two-year period runs from the date of death. That decision technically concerned a case brought under Indiana's Child Wrongful Death Act, though the same two-independent-clocks doctrine it established is the one widely cited and applied to adult decedents in medical-malpractice wrongful-death cases as well.
That doctrine matters most when the death was caused by medical malpractice. Indiana's Medical Malpractice Act carries its own two-year deadline, running from the date of the negligent act itself — not from the date of death. Under Ellenwine, a wrongful-death claim must be filed by whichever of the two two-year periods expires first. In practice, if death occurs more than two years after the malpractice that caused it, the wrongful-death claim can already be time-barred before its own two-year clock ever has a chance to start.
Only the personal representative of the estate may bring a wrongful-death action for an adult decedent. Ind. Code § 34-23-1-2 states it directly: "If the death of an adult person is caused by the wrongful act or omission of another person, only the personal representative of the adult person may maintain an action against the person whose wrongful act or omission caused the death." A surviving spouse, adult child, or parent cannot sue individually. A separate statute, the Child Wrongful Death Act (Ind. Code art. 34-23-2), governs the death of an unmarried minor under different standing rules and is not covered on this page. One deadline is far shorter than either two-year window: claims against a political subdivision — a city, county, or other local government body — require written notice within 180 days after the loss occurs, under the Indiana Tort Claims Act, Ind. Code § 34-13-3-8. Missing that 180-day notice can bar the claim even though the two-year suit deadline has not yet run.
Indiana Wrongful Death FAQs
Who can file a wrongful death claim in Indiana?
For an adult decedent, only the personal representative of the estate may bring the action, under Ind. Code § 34-23-1-2. A surviving spouse, adult child, or parent cannot file individually. The death of an unmarried minor is governed separately by the Child Wrongful Death Act, Ind. Code art. 34-23-2.
How long do I have to file a wrongful death claim in Indiana?
Two years, under Ind. Code § 34-23-1-1: "the action shall be commenced by the personal representative of the decedent within two (2) years." The Indiana Supreme Court in Ellenwine v. Fairley, 846 N.E.2d 657 (Ind. 2006), confirmed this period runs from the date of death.
Is the deadline different if the death was caused by medical malpractice?
Yes, and it can be shorter in practice. Indiana's Medical Malpractice Act has its own two-year deadline that runs from the date of the negligent act, not the date of death. Under Ellenwine, whichever of the two two-year periods expires first controls — so if death occurs more than two years after the malpractice, the wrongful-death claim can already be time-barred before its own clock starts.
Is there a shorter deadline for claims against a city or county?
Yes. Under the Indiana Tort Claims Act, Ind. Code § 34-13-3-8, a claim against a political subdivision requires written notice within 180 days after the loss occurs — far shorter than the two-year deadline to file suit.
How much is an Indiana wrongful death settlement worth?
This review did not verify settlement-value data for Indiana, so no figure is given here.
Is there a cap on the attorney's contingency fee in an Indiana wrongful death case?
No general statutory percentage cap — the governing standard is reasonableness under Ind. R. Prof. Cond. 1.5(a). In medical-malpractice cases specifically, Ind. Code § 34-18-18-1 limits the fee to 15% only on money paid from the state's Patient Compensation Fund; the fee on the first $250,000 from the provider is set by contract, still bounded by Rule 1.5(a).
Does the 15% fee limit apply to my whole settlement?
No. It applies only to the portion of a medical-malpractice recovery paid from the Patient Compensation Fund, per Ind. Code § 34-18-18-1 and Ind. Pat. Comp. Fund v. Holcomb, 17 N.E.3d 255 (Ind. 2014). The fee on the first $250,000 from the provider is a contract matter, bounded by the same standard.
What's the difference between the general Wrongful Death Act and the Child Wrongful Death Act?
The general Act, Ind. Code § 34-23-1-1 and § 34-23-1-2, governs the death of an adult and limits standing to the estate's personal representative. A separate statute, Ind. Code art. 34-23-2, governs the death of an unmarried minor under its own rules; this page covers the adult, general Act only.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Indiana
Each Indiana calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Indiana verdict data where available.