Fort Wayne Wrongful Death Lawyer

Few events are as painful as the unexpected death of someone you love, and your pain can be even greater if that death was the avoidable consequence of someone else’s negligence. 

Though you can never change what happened, you may be able to alleviate the financial burden of a sudden passing with a wrongful death case.  Unfortunately, Indiana law imposes heavy restrictions on these sorts of claims, which is why you might benefit from the assistance of the Fort Wayne wrongful death lawyers at Hensley Legal Group, where we have been compassionately advocating for our clients since 1998. 

To schedule a free consultation with a knowledgeable Fort Wayne wrongful death attorney, please call or text us at (317) 472-3333, chat with us online, or fill out our contact form.

How a Wrongful Death Case Works 

In the State of Indiana, deaths are categorized as “wrongful” when they are “caused by the wrongful act or omission of another.” In the wake of such a death, the “personal representative” of the deceased is permitted to file a wrongful death claim if the deceased would presumably have done so “for the same act or omission” that led to that death. 

However, there is a narrow window in which to initiate a wrongful death case.  In Indiana, this window, known as the Statute of Limitations, is two years from the date of death.  Anyone who does not file a lawsuit or otherwise resolve a wrongful death claim before the Statute elapses could be forever barred from doing so. 

Additionally, Indiana constrains how much can be awarded for a wrongful death, as well as how those damages can be allocated.  For instance, there are caps on what can be recovered for grief, lost love and companionship, punitive damages, and other losses.  Moreover, the funds earmarked for repaying medical, hospital, funeral, and burial bills must go to the deceased’s estate before anything can be disbursed to the decedent’s heirs. 

Remaining in compliance with Indiana’s wrongful death laws is no easy task, but you can count on our detail-oriented Fort Wayne wrongful death lawyers to satisfy every requirement.

Common Types of Fort Wayne Wrongful Death Cases 

Various incidents could justify a wrongful death claim, though some of the most common types of Fort Wayne wrongful death cases involve: 

Motor vehicle accidents – Collisions are the top causes of wrongful death, contributing to almost 43,000 casualties nationwide in 2022, with 955 deadly crashes in Indiana that same year. The vast majority of motor vehicles accidents are the result of driver misconduct, examples of which might include:  

• Speeding 

• Distraction 

• Drowsy driving 

• Driving under the influence 

• Misuse of phones or handheld devices 

• Ignoring traffic control signals 

• Responding inadequately to inclement weather or poor road conditions 

• Reckless driving/drag racing 

No matter why a fatal car or truck accident took place, the ones at fault should answer for it. 

Defective products – We are surrounded by products that promise to make our lives better, but they can make them so much worse when they hurt us.  If that occurs, the manufacturers, distributors, and retailers of these hazardous commercial goods could be subject to product liability claims, which generally allege one of the following kinds of negligence: 

• Defective design – The product was unsafe because it was conceived improperly during the design stage. 

• Defective manufacturing – The product was designed properly, yet it was manufactured in a manner that made it unsafe. 

• Insufficient warning – The product was basically safe, but consumers were not sufficiently warned about the risks associated with it. 

When a defective product inflicts a lethal personal injury, qualified plaintiffs could launch a wrongful death case on the deceased’s behalf, though the success of that case could hinge on how effectively complex information can be conveyed to a judge and jury.  

Medical malpractice – Modern medicine also promises to improve our lives, but patients could go after their medical providers when incorrectly prescribed or administered treatment seriously harms them.  Each year, there are approximately 17,000 medical malpractice cases filed in the United States, around 940 of them in Indiana. Many of these cases are put forth by the survivors of patients who died from medical negligence, such as: 

• Failure to diagnose, delayed diagnosis, or misdiagnosis 

• Excessive or deficient anesthesia 

• Surgery or procedure errors 

• Medication mistakes 

• Medical device malfunctions 

• Infections secondary to substandard sanitation  

• Preventable birth injuries 

Malpractice-based claims demand proof that a practitioner disregarded the accepted standard of medical care, but Hensley’s Fort Wayne wrongful death attorneys will work tirelessly to unearth actionable breaches of duty if you have grounds for a wrongful death case. 

Do You Have Grounds for a Wrongful Death Case? 

This raises an important question: do you actually have grounds for a wrongful death case?  While a single death can affect a whole community, not everybody can pursue a claim for that death.  In Indiana, a wrongful death plaintiff is usually a close family member of the deceased, with the deceased’s age largely determining who that family member will be. 

Child decedents – Indiana’s Child Wrongful Death Statute defines a child as: 

• Someone who is unmarried, without dependents, and less than 20 years old;  

• Someone who is unmarried, without dependents, under age 23, and enrolled in a college, a career or technical school, or a similar training program; or  

• A fetus that has attained viability.  

If the decedent fits this definition, then one or both of the decedent’s parents may file a wrongful death lawsuit.  Should the parents be divorced, then the parent with legal custody needs to file suit.  When the parents are themselves dead or their parental rights have been terminated, then the deceased’s legal guardian has to bring about any wrongful death claim.   

Adult decedents – If the decedent was 18 or older and did not meet any other criteria for child decedents, the wrongful death case needs to be filed by his or her estate executor or personal representative.  Most frequently, this would be the surviving spouse, adult children, or parents of the deceased.  

We can hardly blame you if you find these rules confusing, but rest assured that our Fort Wayne wrongful death lawyers can assess your eligibility if you are contemplating a case. 

How Our Fort Wayne Wrongful Death Attorneys Can Help 

A wrongful death is suitably named because one of its essential qualities is how wrong it feels, how fundamentally unfair it is that someone you cherished can be cut down by the indifference of an indifferent perpetrator. 

If you don’t think the perpetrator should escape justice, you are not alone.  The Fort Wayne wrongful death attorneys at Hensley Legal Group are committed to ensuring that everyone is equal under the law. 

If you hire Hensley, we will thoroughly investigate the wrongful death and move swiftly to secure the evidence to build your claim.  After assembling a rock-solid case against all of the potential defendants, we will enter into negotiations with their insurance companies.  Indiana law may curtail the nature and extent of wrongful death damages, but our Fort Wayne wrongful death lawyers will always strive to get you the maximum compensation possible, including for: 

• Medical, hospital, funeral, and burial expenses  

• Cessation of economic support  

• Psychological counseling  

• Loss of love and companionship (if allowed)  

• Punitive damages (when applicable)  

And if we do not receive an offer that reflects the true value of your case, we are more than willing to go to trial for a verdict that does, unlike many of our competitors, who seldom, if ever, see the inside of a courtroom. 

You may be reluctant to agree to more expenditures when you can least afford them, but you should know that our firm works on a contingency basis, so you won’t have to pay us anything unless our Fort Wayne wrongful death attorneys win your case. 

The future may seem bleak at this moment, but Hensley will do whatever it takes to get you the resources to live the way your loved one would have wanted you to. 

Reach Out to Our Dedicated Fort Wayne Wrongful Death Lawyers 

Hensley Legal Group has been fighting for honest Hoosiers just like you for more than 25 years.  If you are still reeling from a tragic loss, reach out to our dedicated Fort Wayne wrongful death lawyers to discover the remedies available to you. 

You can arrange a no-cost case review with an accomplished Fort Wayne wrongful death attorney by calling or texting us at (317) 472-3333, chatting with us online, or filling out our contact form now.