Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
Under Indiana law, a wrongful death action arising from a car accident must be filed by the decedent’s personal representative. The personal representative is appointed by the probate court after you open the decedent’s estate. You cannot bring a wrongful death claim in your individual capacity.
Key statutes:
- Indiana Code § 34-23-1-1 (wrongful death actions).
- Indiana Code § 29-1-7-1 (appointment of personal representative).
Steps to open an estate and pursue a claim:
- File a petition for administration. Submit paperwork to the probate court in the county where the deceased lived. You’ll list heirs, assets and liabilities.
- Appoint a personal representative. The court issues Letters of Administration or Letters Testamentary if there’s a will.
- Gather assets and notify creditors. The personal representative marshals assets and posts notice under IC § 29-1-14-1 for small estates, if applicable.
- File the wrongful death suit. With Letters in hand, your attorney files in civil court against the party responsible for the accident.
Without opening an estate and obtaining court-issued authority, you lack the standing to pursue damages for loss of support, funeral expenses, and other losses under the wrongful death statute.
Helpful Hints
- Check the two-year statute of limitations in IC § 34-23-1-2 to avoid missing the deadline.
- Consider summary administration for small estates under IC § 29-1-14-1 if assets total less than $50,000 and no real estate.
- Select a representative who is trustworthy, organized, and able to handle court filings.
- Keep clear records of funeral costs, medical bills, and lost earnings to support your wrongful death claim.
- Consult a local attorney early to streamline the probate process and maximize recovery.