IN THE [__] COURT OF [____] COUNTY
STATE OF INDIANA
[PERSONAL REPRESENTATIVE NAME], in the capacity of Personal Representative of the ESTATE OF [DECEDENT NAME], Deceased,
Plaintiff,
v.
[DEFENDANT NAME(S)],
Defendant(s).
Cause No.: [____]
COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL
[// GUIDANCE: Replace bracketed placeholders with client-specific information. Verify county-specific pleading requirements (e-g., Marion County Local Rules) before filing.]
TABLE OF CONTENTS
- Document Header (Caption)
- Definitions
- Jurisdiction & Venue
- Parties
- Factual Background
- Count I – Wrongful Death (Indiana Wrongful Death Act)
- Count II – Survival Action (Indiana Survival Statute)
- Damages Sought
- Prayer for Relief
- Jury Demand
- Conditions Precedent, Affirmations & Reservation of Rights
- Certification of Compliance with Trial Rule 11
- Verification
- 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 [__] Probate Court, [____] County, Indiana.
2.3 “Personal Representative” means [PERSONAL REPRESENTATIVE NAME], duly appointed by the above-referenced probate 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 Act (GWDA), the Adult Wrongful Death Act (AWDA), and the Child Wrongful Death Act (CWDA), as applicable.
2.6 “Survival Statute” refers to Indiana Code provisions allowing causes of action possessed by the Decedent at death to survive in favor of the Estate.
[// GUIDANCE: Delete or add definitions to reflect case-specific facts. Cross-check every capitalized term for consistent usage.]
3. JURISDICTION & VENUE
3.1 This Court has subject-matter jurisdiction under Indiana Trial Rule 75(A) and Indiana Code Article 34-23 because the causes of action arise under Indiana statutory and common law.
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 the Indiana Wrongful Death Act, when the death of a person is caused by the wrongful act or omission of another, an action may be maintained against the responsible party. Ind. Code § 34-23-1-1 et seq.
6.3 Defendant(s)’ conduct constitutes a wrongful act and/or omission within the meaning of the statute.
6.4 Plaintiff, for the benefit of the statutory Beneficiaries, is entitled to recover the full measure of damages allowed by law, including:
a. Reasonable medical, hospital, funeral, and burial expenses;
b. Loss of the Decedent’s earnings and earning capacity;
c. Loss of the Decedent’s love, care, support, and companionship, subject to statutory limitations (e.g., AWDA cap of $300,000 for non-dependent adult decedents); and
d. All other damages recoverable under Indiana Code Article 34-23.
[// GUIDANCE: Select the appropriate Indiana statute based on the Decedent’s demographics:
• Child (under 20, or under 23 and enrolled in school): CWDA
• Non-dependent adult: AWDA (damage cap)
• Decedent with dependents: GWDA (no cap on noneconomic damages).]
7. COUNT II – SURVIVAL ACTION (Indiana Survival Statute)
7.1 Plaintiff realleges and incorporates by reference Paragraphs 1 through 6.4.
7.2 Pursuant to Indiana’s Survival Statute, causes of action that the Decedent could have pursued had death not ensued survive to the Estate.
7.3 Prior to death, Decedent suffered conscious pain, suffering, mental anguish, and loss of enjoyment of life, entitling the Estate to damages in an amount to be proven at trial.
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. Compensation for the Decedent’s pre-death pain, suffering, and mental anguish;
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: ____
[// GUIDANCE: Indiana does not universally require a verified complaint, but many practitioners include verification in wrongful-death matters to strengthen evidentiary posture and satisfy insurance-defense requests. Omit if not desired.]
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 Rule 86(G) 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
[// GUIDANCE:
1. Review Indiana Trial Rules 3-5, 7, 8, 9.10 (Wrongful Death), and 86 (Electronic Filing) prior to filing.
2. Confirm probate appointment order is filed in the civil action to establish standing.
3. Evaluate statutory damage caps early for mediation posture—e.g., $300,000 noneconomic limit under AWDA for adults without dependents.
4. If governmental entity is a potential defendant, comply with Indiana Tort Claims Act notice provisions (I.C. 34-13-3) before filing suit.
5. Reassess venue if Defendant is non-resident or accident occurred outside Indiana; attach long-arm jurisdictional allegations as needed.
6. Consider adding a separate count for negligent infliction of emotional distress on bystander Beneficiaries if facts support.
]