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In an action for the wrongful death of an unmarried adult without dependents, damages cannot include compensation for punitive damages, the grief of the survivors, or income losses. Damages for loss of love and companionship are capped at $300,000 under Indiana law.
When a member of your family dies because of the carelessness or negligence of another person, you have a right to seek compensation for your losses, including the support they would have provided, any funeral and burial expenses, and, in some states, for loss of companionship or consortium.>
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
The statute of limitations is the deadline by which you must file a legal claim in Indiana. In Indiana, you must file a wrongful death claim within two years of the individual's death. If you miss that deadline, you may not be able to pursue a wrongful death claim.
You may recover damages for your losses through a wrongful death lawsuit. Compensation may include damages for medical bills and loss of love and companionship. While no amount of money can remedy the loss of a loved one, it is how the law deals with these cases. A wrongful death lawsuit is civil and not criminal.