Losing a loved one can be even harder when the responsible parties’ negligence caused the wrongful death to occur. An Indianapolis wrongful death lawyer from our personal injury law firm can provide the compassionate representation your family needs. We can help you seek justice and hold the person responsible accountable through an Indiana wrongful death claim. Call us for a free case review.
Do I Need a Lawyer After a Wrongful Death Accident in Indianapolis?
What Is a Wrongful Death in Indiana?
A wrongful death is a legal claim that arises when a person dies due to the “wrongful act or omission” of a liable party. Under Indiana law, if the deceased person would have been entitled to file a personal injury lawsuit had they survived, their estate or survivors may pursue a wrongful death claim instead.
Indiana uses three distinct statutes based on the deceased’s age and family situation:
- General Wrongful Death Act (GWDA): for adults with surviving spouses or dependents
- Adult Wrongful Death Act (AWDA): for unmarried adults without dependents (non-economic damages capped at $300,000)
- Child Wrongful Death Act (CWDA): for unmarried minors under 20 or students under 23
How Is Wrongful Death Proved in Indiana?
Indianapolis wrongful death attorneys must show four things:
- Duty of care: the defendant had a legal duty to act safely.
- Breach of duty: they failed to uphold that duty.
- Causation: negligent or intentional actions directly caused the person’s death.
- Damages: the death caused financial losses (such as medical treatment costs) for the surviving family members.
Common Types of Wrongful Death Accidents in Indianapolis
While any type of fatal accident can potentially result in a wrongful death, the leading causes include:
- Traffic accidents caused by a negligent car, truck, or motorcycle driver
- Medical malpractice cases
- Slip and fall accidents due to negligent property owners
- Workplace accidents
- Construction site accidents
- Nursing home abuse
- Product defects
What Does Not Qualify as a Wrongful Death in Indiana?
You may not pursue legal action if any of the following apply:
- No negligence: the death was an “unavoidable accident” or an act of nature where there was no party responsible.
- The 51% Rule: the deceased person was more than 50% responsible for the incident.
- No legal standing: the claim was not filed by a court-appointed personal representative (for adults) or a legal guardian (for children).
- Expired deadlines: the two-year statute of limitations has passed.
- Waivers: the deceased signed a valid liability waiver for a high-risk activity.
- Excluded damages: you are seeking “grief and suffering” or “punitive damages”—which Indiana law does not allow in these cases.
- The Slayer Rule: if the deceased’s spouse is the person who caused the death, Indiana law generally prevents them from recovering compensation.
Who Can File a Wrongful Death Suit in Indiana?
If a wrongful death occurred in Indianapolis, the legal right to file an Indiana wrongful death lawsuit depends on whether the deceased person was an adult or a child.
- For any adult (married or unmarried), only the personal representative of the deceased’s estate can file. This is usually the executor named in the will or, if no will exists, a court-appointed administrator who is often a close family member.
- The CWDA makes an exception for children. A personal representative isn’t required to file a lawsuit. Instead, either parents or legal guardians can file.
Who Can Be Held Liable for a Wrongful Death in Indianapolis?
What Financial Compensation Can Be Recovered in a Wrongful Death Lawsuit in Indiana?
The following damages can be part of a fair settlement under Indiana law, though the specific amounts may vary according to the age of the deceased:
- Medical expenses: all hospital and healthcare costs from the fatal injury
- Funeral expenses: service, cremation, or burial costs
- Lost income: wages and benefits the deceased would have earned
- Loss of companionship: compensation for the loss of love, care, and guidance
How Long Does It Take to Settle an Indiana Wrongful Death Case?
Wrongful death cases can take months or years to resolve, depending on the complexity of the case, the available evidence, and the willingness of the at-fault party to settle.
Our personal injury lawyers handle the legal process and work to gather necessary evidence to resolve your case as quickly as possible while getting you the full and fair compensation you and your family deserve.
How Long Do I Have to File an Indiana Wrongful Death Lawsuit?
The statute of limitations for filing a wrongful death claim mandates that a wrongful death action must be commenced by the personal representative of the decedent within two years from the date of death with certain exceptions. A skilled wrongful death lawyer can advise you about your particular case.
Contact Our Law Firm Today
Our wrongful death lawyers in Indianapolis have decades of experience navigating personal injury lawsuits, and we stand ready to provide legal representation after your loved one’s death.
We can perform a thorough investigation to gather evidence (like medical records, hospital bills, accident reports, and witness statements), work to prove negligence, provide legal guidance to the representative of the deceased person’s estate, and negotiate with insurance companies to recover wrongful death damages.
In your free consultation, we will review your personal injury claim and discuss your legal options to seek compensation, including funeral and burial expenses. Our experienced lawyers work on a contingency fee basis, so the victim’s family owes no legal fees unless we win your case.
(312) 223-1700