What Is the Statute of Limitations for Wrongful Death in Indiana?
In Indiana, the statute of limitations for wrongful death is generally 2 years under Ind. Code § 34-23-1-1.
Wrongful death Deadlines in Indiana
How long do you have to file a wrongful death claim in Indiana?
In Indiana, the statute of limitations for wrongful death is generally 2 years under Ind. Code § 34-23-1-1.
When does the clock start for wrongful death in Indiana?
Two years from the date of death.
Can the Indiana deadline for wrongful death be extended?
The action is brought by the personal representative of the estate. Indiana distinguishes between wrongful death of an adult with dependants and of an adult without, with different recoverable damages in each case.
Is the deadline different if the claim is against the government in Indiana?
Often, yes. Tort claim notice — 180 days local, 270 days state under Ind. Code §§ 34-13-3-8, 34-13-3-6. The Indiana Tort Claims Act requires notice to a political subdivision within 180 days of the loss, and notice to a state agency within 270 days. The notice is a precondition to suit and the two-year limitations period still applies on top of it. Indiana also…
How does Indiana compare to other states for wrongful death?
Indiana's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →
What Does Wrongful Death Cover?
Situations that typically fall under the wrongful death deadline in Indiana:
