Wrongful Death Complaint - Indiana

STATE OF INDIANA
IN THE ☐ COURT OF [___] COUNTY

COMPLAINT FOR WRONGFUL DEATH

TABLE OF CONTENTS

1. Document Header (Caption)
2. Definitions
3. Jurisdiction & Venue
4. Parties
5. Factual Background
6. Count I – Wrongful Death (Indiana Wrongful Death Act)
7. Optional Count II – Personal Injuries Not Causing Death (delete unless applicable)
8. Damages Sought
9. Prayer for Relief
10. Jury Demand
11. Conditions Precedent, Affirmations & Reservation of Rights
12. Certification of Compliance with Trial Rule 11
13. Verification
14. Certificate of Service

1. DOCUMENT HEADER

Comes now Plaintiff, by counsel, and for this Complaint against Defendant(s) alleges and states as follows:

2. DEFINITIONS

For purposes of this pleading, the following capitalized terms have the meanings set forth below:

2.1 “Decedent” means [DECEDENT NAME], who died on [DATE OF DEATH].
2.2 “Estate” means the Estate of the Decedent opened under Cause No. [PROBATE CAUSE NUMBER] in the [Circuit / Superior] Court, [___] County, Indiana (or, if the Estate was opened in St. Joseph County, the St. Joseph Probate Court, the only county-level probate court in Indiana; Ind. Code § 33-28-1-2; Ind. Code § 33-29-1.5-2).
2.3 “Personal Representative” means [PERSONAL REPRESENTATIVE NAME], duly appointed by the above-referenced court.
2.4 “Beneficiary” or “Beneficiaries” means those individuals statutorily entitled to recover damages under Indiana’s Wrongful Death statutes, including but not limited to [SPOUSE / DEPENDENT CHILD(REN) / PARENT(S) / OTHER].
2.5 “Indiana Wrongful Death Act” collectively refers to Indiana Code Article 34-23, including the General Wrongful Death Statute (GWDS), Ind. Code § 34-23-1-1 (applicable where Decedent is survived by a spouse, dependent children, or dependent next of kin); the Adult Wrongful Death Statute (AWDS), Ind. Code § 34-23-1-2 (applicable where Decedent was an unmarried adult without dependents, or a married adult without dependents whose death was caused by Decedent's own spouse); and the Child Wrongful Death Statute (CWDS), Ind. Code § 34-23-2-1 (applicable where Decedent was an unmarried individual without dependents under 20 years of age, or under 23 if enrolled in a postsecondary educational or career and technical education program), as applicable to Decedent's status at the time of death.
2.6 “Conditional Personal-Injury Claim” refers to Ind. Code § 34-9-3-4, which applies only when a person receives personal injuries caused by another and later dies from causes other than those injuries. Ind. Code § 34-9-3-1 expressly provides that personal-injury actions survive only to the extent allowed by Chapter 34-9-3.

3. JURISDICTION & VENUE

3.1 This Court, sitting as a Circuit or Superior Court of general civil jurisdiction under Ind. Code § 33-28-1-2 and/or Ind. Code § 33-29-1.5-2, has subject-matter jurisdiction over this civil tort action arising under Indiana Code Article 34-23. If the optional Section 34-9-3-4 count is factually applicable, it also arises under Indiana Code Article 34-9, Chapter 3. This is a civil action, not a probate/estate-administration matter; accordingly, even in St. Joseph County — the only Indiana county maintaining a separate Probate Court — this action is filed in the Circuit or Superior Court, not the Probate Court.

3.2 Venue is proper in [___] County pursuant to Indiana Trial Rule 75(A)(1)–(3) because:
a. The negligent acts and omissions complained of occurred in this County; and/or
b. Defendant(s) reside(s), conduct(s) business, or maintain(s) registered agent(s) in this County.

3.3 All conditions precedent to bringing this action have been satisfied or have occurred.

4. PARTIES

4.1 Plaintiff. [PERSONAL REPRESENTATIVE NAME], as Personal Representative of the Estate, is authorized to prosecute this action on behalf of the Estate and the statutory Beneficiaries pursuant to Indiana Code Article 34-23.

4.2 Defendant(s). [DEFENDANT NAME(S)] is/are [an individual / an Indiana corporation / a foreign corporation authorized to do business in Indiana / other] with principal place(s) of business at [ADDRESS].

4.3 At all relevant times Defendant(s) owed duties of reasonable care to the Decedent, the breach of which directly and proximately caused the injuries and death described herein.

5. FACTUAL BACKGROUND

5.1 On or about [DATE], Decedent was [brief description of activity—e.g., operating a motor vehicle on Highway X / under medical care of Defendant Hospital / etc.].

5.2 Defendant(s) negligently, carelessly, and/or recklessly [describe act/omission—e.g., failed to keep a proper lookout / administered contraindicated medication / designed, manufactured, and sold a defective product].

5.3 As a direct and foreseeable result of Defendant(s)’ wrongful conduct, Decedent sustained catastrophic injuries that resulted in death on [DATE OF DEATH].

5.4 At the time of death, Decedent was [married / the parent of minor child(ren) / without dependents], making [identify Beneficiaries or note lack thereof] eligible to recover statutory damages.

5.5 The Estate has incurred, and will continue to incur, funeral, burial, medical, and other expenses associated with the Decedent’s injuries and death.

6. COUNT I – WRONGFUL DEATH (Indiana Wrongful Death Act)

6.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 5.5 as though fully set forth herein.

6.2 Under Indiana's Wrongful Death Act, when the death of a person is caused by the wrongful act or omission of another, an action may be maintained by the Decedent's personal representative (or, under the Child Wrongful Death Statute, by a parent or guardian) against the responsible party, if the Decedent might have maintained an action for the same wrongful act or omission had Decedent lived. The applicable statute is determined by Decedent's status at the time of death, as follows:
a. If Decedent is survived by a spouse, dependent children, or dependent next of kin, this action is maintained under the General Wrongful Death Statute, Ind. Code § 34-23-1-1, which must be commenced within two (2) years of the date of death and carries no statutory cap on damages;
b. If Decedent was an unmarried adult without dependents (or a married adult without dependents whose death was caused by Decedent's own spouse), this action is maintained under the Adult Wrongful Death Statute, Ind. Code § 34-23-1-2, under which recoverable loss-of-love-and-companionship damages are capped at $300,000 in the aggregate and lost-earnings evidence, punitive damages, and grief damages are barred; Section 34-23-1-2 does not enumerate attorney fees or estate-administration costs; or
c. If Decedent was an unmarried individual without dependents under twenty (20) years of age (or under twenty-three (23) if enrolled in a postsecondary educational institution or a career and technical education school or program), this action is maintained under the Child Wrongful Death Statute, Ind. Code § 34-23-2-1, which permits recovery for loss of the child's services and love and companionship, enumerated expenses, and reasonable attorney's fees for administration of the child's estate, without a general statutory cap.

6.3 Defendant(s)’ conduct constitutes a wrongful act and/or omission within the meaning of the applicable statute identified above.

6.4 Plaintiff, for the benefit of the statutory Beneficiaries, is entitled to recover the full measure of damages allowed under the applicable statute, including as appropriate:
a. Reasonable medical, hospital, funeral, and burial expenses;
b. Loss of the Decedent’s earnings and earning capacity (recoverable under the General Wrongful Death Statute, Ind. Code § 34-23-1-1, but not under the Adult Wrongful Death Statute, Ind. Code § 34-23-1-2);
c. Loss of the Decedent’s love, care, support, and companionship — uncapped under Ind. Code § 34-23-1-1, but subject to the $300,000 aggregate cap under Ind. Code § 34-23-1-2(e) if the Adult Wrongful Death Statute applies; and
d. All other damages recoverable under the selected provision of Indiana Code Article 34-23, excluding every category barred by that provision. Section 34-23-1-2 expressly bars punitive damages and grief damages.

7. OPTIONAL COUNT II – PERSONAL INJURIES NOT CAUSING DEATH

7.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 6.4.

7.2 Decedent received personal injuries caused by Defendant's wrongful act or omission and subsequently died from causes other than those personal injuries. Ind. Code § 34-9-3-4(a).

7.3 Under Ind. Code § 34-9-3-4(b), the personal representative seeks damages resulting before death from those personal injuries that Decedent would have been entitled to recover had Decedent lived, for the exclusive benefit of the Estate. The pleaded categories and evidence are: [IDENTIFY].

7.4 Counsel has calculated the underlying limitation period and any application of Ind. Code § 34-11-7-1. That section applies when a person entitled to bring or liable to an action dies before the original period expires and permits commencement after that period expires but within eighteen (18) months after the person's death.

8. DAMAGES SOUGHT

Plaintiff seeks all damages recoverable under Indiana law, including but not limited to:

a. Medical, hospital, funeral, and burial expenses incurred as a result of the fatal injuries;
b. If and only if Count II applies, damages supported under Ind. Code § 34-9-3-4 for personal injuries that did not cause the later death;
c. Loss of the Decedent’s earnings, wages, and benefits, past and future, discounted to present value;
d. Loss of the Decedent’s love, affection, care, and companionship (subject to statutory caps where applicable);
e. Reasonable costs of administration of the Estate;
f. Pre- and post-judgment interest as allowed by law; and
g. All other relief just and proper in the premises.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant(s) as follows:

1. Awarding compensatory damages in an amount to be determined by the trier of fact, consistent with Indiana Code Article 34-23 and any applicable statutory cap;
2. Awarding the Estate and the Beneficiaries all allowable special and general damages;
3. Awarding costs of this action, including reasonable attorney’s fees where authorized by law;
4. Awarding pre- and post-judgment interest; and
5. Granting all such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Pursuant to Article I, Section 20 of the Indiana Constitution and Indiana Trial Rule 38, Plaintiff demands trial by jury on all issues so triable.

11. CONDITIONS PRECEDENT, AFFIRMATIONS & RESERVATION OF RIGHTS

11.1 All conditions precedent to the maintenance of this action have been satisfied, waived, or have otherwise occurred.

11.2 Plaintiff reserves the right to amend this Complaint to add additional parties, claims, or damages as discovery progresses, pursuant to Indiana Trial Rule 15.

11.3 Nothing herein shall be construed as a waiver of any constitutional, statutory, or common-law right, claim, or defense.

12. CERTIFICATION OF COMPLIANCE WITH INDIANA TRIAL RULE 11

The undersigned counsel certifies that to the best of counsel’s knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose.

13. VERIFICATION

I, [PERSONAL REPRESENTATIVE NAME], being duly sworn, depose and state that I have read the foregoing Complaint, that I am familiar with its contents, and that the allegations therein are true to the best of my knowledge, information, and belief.

_________________________
[PERSONAL REPRESENTATIVE NAME]
Personal Representative of the Estate of [DECEDENT NAME]

Subscribed and sworn before me this ___ day of __________, 20__.

_________________________
Notary Public
My Commission Expires: __________

14. CERTIFICATE OF SERVICE

I certify that on the ___ day of __________, 20__, a true and correct copy of the foregoing was served upon the following, via [electronic filing / U.S. Mail / certified mail / other], as permitted by Indiana Trial Rules 5, 86, and applicable local rules:

• [Opposing Counsel Name], Counsel for Defendant(s)
• [Any Additional Party or Interested Non-Party]

_________________________
[ATTORNEY NAME] (#__________)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff