Wrongful Death Statute of Limitations in Indiana

Last verified 2026-07 · Source: Indiana Code § 34-23-1-1 ✓ verified · 3 sources

Under Indiana Code § 34-23-1-1, you have 2 years from Date of death to file a wrongful death lawsuit in Indiana. Miss it and you lose the right to sue — but several Indiana-specific exceptions can extend (or shorten) that window, detailed below.

Indiana Deadlines for Related Claims

When the Clock Starts

In Indiana, the limitations period for wrongful death claims generally begins on Date of death. Indiana does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.

Exceptions That Can Extend the Deadline

• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.
• Government-claim trap: 270 days to file notice with Attorney General for state claims; 180 days for political subdivision claims filed with subdivision and risk management commission (Indiana Code § 34-13-3). Notice must be hand-delivered or sent by certified/registered mail.
• Damage caps: $300,000 aggregate cap on loss of love/companionship for adult decedent without dependents (IC § 34-23-1-2). No punitive damages permitted. Grief damages excluded. Lost earnings not recoverable for adult without dependents.

Only personal representative may file for adult decedent. Parents/guardians file for child decedent (IC § 34-23-2-1). No survival actions in Indiana. Workers' compensation replaces wrongful death for on-the-job deaths. Government has 90 days to approve or deny tort claim; denial required before filing suit.

Source: Indiana Code § 34-23-1-1, official Indiana statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Indiana government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Indiana Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Indiana attorney.