Wrongful Death Complaint - Indiana
Before filing: Select one statutory route below and delete the other two. Match the plaintiff, beneficiaries, damages, and filing period to that route. If one parent brings a child-death action under Ind. Code § 34-23-2-1(c)(1), name the other parent as a codefendant to answer as to that parent's interest. Prepare summons for each defendant with the complaint under Trial Rule 4.
STATE OF INDIANA
IN THE [COUNTY] CIRCUIT COURT
| Party | Role |
|---|---|
| [PLAINTIFF NAME], [CAPACITY], | Plaintiff |
| v. | Cause No. [________] |
| [DEFENDANT NAME(S)], | Defendant(s) |
COMPLAINT FOR WRONGFUL DEATH
Plaintiff, by counsel, alleges:
Parties, jurisdiction, and venue
- [DECEDENT NAME] died on [__/__/____] in [LOCATION].
- Plaintiff is [IDENTIFY THE PERSONAL REPRESENTATIVE, PARENT, CUSTODIAL PARENT, GUARDIAN, OR APPOINTED REPRESENTATIVE AND THE FACTS ESTABLISHING THAT CAPACITY].
- Defendant [NAME] is [INDIVIDUAL OR ENTITY AND RELEVANT RESIDENCE OR OFFICE].
- This Court has civil jurisdiction under Ind. Code § 33-28-1-2(a)(1).
- Preferred venue lies in [COUNTY] County under Ind. Trial Rule 75(A)([SUBSECTION]) because [FACTS ESTABLISHING THE SELECTED VENUE BASIS].
Facts common to the claim
- On [__/__/____], [DESCRIBE WHAT DEFENDANT DID OR FAILED TO DO, THE APPLICABLE DUTY, AND THE FACTS SUPPORTING BREACH].
- Defendant's wrongful act or omission caused [DECEDENT NAME]'s [INJURY] and death on [__/__/____]. Had Decedent lived, Decedent could have maintained an action against Defendant for injury from that act or omission [IF PLEADING UNDER § 34-23-1-1].
- [DESCRIBE CAUSATION AND THE RELATIONSHIP OF EACH CLAIMED LOSS TO THE DEATH.]
Count I — Wrongful death
- Plaintiff incorporates paragraphs 1 through 8.
- Select one route and plead its facts:
A. General wrongful death — Ind. Code § 34-23-1-1. Plaintiff is Decedent's personal representative, appointed by [COURT] on [__/__/____], Cause No. [NUMBER]. This action was commenced within two years after Decedent's death. Decedent is survived by [SPOUSE / DEPENDENT CHILDREN / DEPENDENT NEXT OF KIN; IDENTIFY], or [IF NONE, IDENTIFY PERSONS OR ESTATE EXPENSES ENTITLED TO THE STATUTE'S LIMITED RECOVERY]. Plaintiff seeks reasonable medical, hospital, funeral, and burial expenses and, if eligible beneficiaries survive, [LOST EARNINGS AND OTHER PROVABLE DAMAGES ALLOWED BY THIS SECTION]. Expense damages are for the estate's payment of those expenses; other recovery is for the statutory beneficiaries, if any.
B. Adult wrongful death — Ind. Code § 34-23-1-2. Decedent was [AN UNMARRIED ADULT WITHOUT DEPENDENTS WHO WAS NOT A CHILD UNDER § 34-23-2-1 / A MARRIED ADULT WITHOUT DEPENDENTS WHOSE DEATH WAS CAUSED BY THE SPOUSE]. Plaintiff is Decedent's personal representative, appointed by [COURT] on [__/__/____], Cause No. [NUMBER]. [IF ANY, IDENTIFY NONDEPENDENT PARENT(S) OR CHILD(REN), THEIR GENUINE, SUBSTANTIAL, ONGOING RELATIONSHIPS WITH DECEDENT, AND EACH CLAIMED LOSS.] Plaintiff seeks [REASONABLE MEDICAL, HOSPITAL, FUNERAL, AND BURIAL EXPENSES; IF ELIGIBLE BENEFICIARIES EXIST, LOSS OF LOVE AND COMPANIONSHIP], subject to the aggregate limit on companionship damages. Plaintiff does not seek grief, punitive damages, or lost earnings under this route.
C. Child wrongful death — Ind. Code § 34-23-2-1. Decedent was unmarried, without dependents, and [UNDER AGE 20 / UNDER AGE 23 AND ENROLLED IN A QUALIFYING POSTSECONDARY OR CAREER AND TECHNICAL EDUCATION PROGRAM]. Plaintiff is [BOTH PARENTS / ONE PARENT WITH THE OTHER NAMED AS CODEFENDANT / THE PERSON AWARDED CUSTODY AFTER DIVORCE OR DISSOLUTION / GUARDIAN OF A PROTECTED PERSON / PERSONAL REPRESENTATIVE APPOINTED AFTER THE CUSTODIAL PARENT'S DEATH], as supported by [FACTS AND ORDER, IF APPLICABLE]. Plaintiff seeks proven loss of the child's services and love and companionship, and the expenses allowed by subsection (f), subject to the statutory beneficiary and period limits in subsections (g) through (i).
- Defendant's wrongful act or omission caused the death and the losses pleaded under the selected route.
Demand for relief
Plaintiff requests judgment against Defendant for damages permitted by the selected statute, taxable costs, and other relief the Court finds proper. No dollar figure is stated in this demand under Ind. Trial Rule 8(A).
Jury demand
Plaintiff demands a jury trial on all issues triable of right by jury under Ind. Trial Rule 38(B).
Dated: [__/__/____]
[ATTORNEY SIGNATURE]
[ATTORNEY NAME], Attorney No. [NUMBER]
[FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Attorney for Plaintiff
About this template
- Last updated
- October 19, 2026
- Citations checked
- October 19, 2026
- Jurisdiction
- Indiana
- Category
- Personal Injury
Legal authority
- Ind. Code § 34-23-1-1 (wrongful death by personal representative; general damages and beneficiary allocation)
- Ind. Code § 34-23-1-2 (wrongful death of an adult person as defined in subsection (a))
- Ind. Code § 34-23-2-1 (wrongful death of a child as defined in subsection (b))
- Ind. Code § 33-28-1-2(a)(1) (circuit court civil jurisdiction)
- Ind. Trial Rule 75(A) (preferred venue)
- Ind. Trial Rule 8(A) (pleading and demand for relief)
- Ind. Trial Rule 38(B) (jury demand)
- Ind. Trial Rule 11(A) (attorney signature)
- Ind. Trial Rule 4(B), (E) (summons and complaint for initial service)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 19, 2026.
Ind. Code § 34-23-1-1 (checked October 19, 2026): "When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission."
Ind. Code § 34-23-1-1 (checked October 19, 2026): "That part of the damages which is recovered for reasonable medical, hospital, funeral and burial expense shall inure to the exclusive benefit of the decedent's estate for the payment thereof."
Ind. Code § 34-23-1-2(b) (checked October 19, 2026): "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 of the adult person."
Ind. Code § 34-23-1-2(a)(2) (checked October 19, 2026): "a married individual: (A) who does not have any dependents; and (B) whose death was caused by the married individual's spouse."
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