Indianapolis Wrongful Death Lawyer

Losing someone you love is one of the worst events you will ever face, though that loss may be more bearable if the departed lived a long and fulfilling life.  Yet the pain of a sudden death can cut much deeper when the thoughtless act of a thoughtless actor robs you of a cherished individual and leaves you behind to pick up the pieces. 

Everybody grieves differently.  You may feel shock, numbness, anxiety, or, in the case of a wrongful death, anger – anger over the fundamental unfairness of the way in which the person was taken from you.  However, you can channel that anger towards more productive ends if you reach out to the Indianapolis wrongful death lawyers at Hensley Legal Group, where we have been getting justice for grieving Hoosiers for over a quarter century.  

Schedule a free consultation with a skilled Indianapolis wrongful death attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now. 

How Indiana Law Defines Wrongful Death Cases 

Wrongful death cases are personal injury claims or lawsuits filed on behalf of the dead, though not every death in Indiana justifies a wrongful death case.  Under state law, a death can be classified as “wrongful” when it is “caused by the wrongful act or omission of another.”  

When such a death occurs, the deceased’s “personal representative” is allowed to file a wrongful death claim if it is believed that the deceased would have done so “for the same act or omission” that brought about his or her death.   

But Indiana imposes a number of constraints on wrongful death cases, curtailing who can pursue them, how long they can wait, what sorts of damages can be reimbursed, and how much can be obtained for them.  Neglecting to satisfy every regulatory requirement could doom your case before it has even begun, so it is crucial to partner with a meticulous Indiana wrongful death lawyer who will dot every “i” and cross every “t” necessary to establish a valid claim.  

Meeting the Targets for Your Indianapolis Wrongful Death Case 

For example, you have to meet certain targets for your Indianapolis wrongful death case, including the Statute of Limitations, which is the window of time you have to take legal action over the wrongful death.   

In Indiana, the Statute is two years from the date of death.  If you do not file a lawsuit or resolve a claim before the Statute elapses, you could be forever barred from doing so, assuming that you are eligible to file an Indianapolis wrongful death case in the first place. 

Who Is Eligible to File an Indianapolis Wrongful Death Case? 

This raises a key question: are you actually eligible to file an Indianapolis wrongful death case?  Though one death can impact an entire community, only a select few in that community are permitted to move forward with a wrongful death claim. 

In Indiana, wrongful death plaintiffs are typically close family members of the decedents, and the ages of those decedents will primarily determining which family members they will be: 

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

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

• Someone who is less than 23 years old, unmarried, without dependents, and enrolled in a college, a trade or technical school, or a comparable training program; or   

• A fetus that has attained viability.   

If this definition applies to the deceased, either of his or her parents is eligible to file a wrongful death lawsuit, though the parent with custody will have to file when they are divorced.  If the parents themselves are dead or their parental rights have been terminated, then the wrongful death claim will need to be brought by the decedent’s legal guardian. 

Adult decedents – If the deceased was age 18 or older and did not fit any of the other criteria for child decedents, the deceased’s executor or the personal representative of his or her estate has to file suit, a role that is generally filled by the decedent’s spouse, adult children, or parents.

If you have no idea how to proceed after someone important to you dies, our Indianapolis wrongful death attorneys can advise you of your eligibility to receive compensation. 

What Compensation Can You Receive for an Indianapolis Wrongful Death Case? 

Just as the State of Indiana restricts who can file a case, it also restricts how much a qualified claimant could be compensated for various damages. 

Depending upon the circumstances, compensation could be received for: 

• Funeral and burial expenses 

• Medical bills 

• Counseling for parents or minor siblings 

• Lost companionship (capped at $300,000.00 in some instances) 

• Cessation of economic support 

No two cases are exactly the same, but Hensley Legal Group can educate you about what to expect if you are contemplating an Indianapolis wrongful death claim. 

Common Indianapolis Wrongful Death Claims 

Practically any incident that results in death might provide grounds for a wrongful death case, though some of the most common Indianapolis wrongful death claims include cases for: 

Medical Malpractice 

Medical professionals must abide with a recognized standard of care and could be fiscally liable when they don’t, as evidenced by the 17,000 medical malpractice cases filed nationwide each year, including about 940 filed in Indiana.  In many Indianapolis medical malpractice cases, the patients have died because of caregiver negligence, which could be indicated by: 

• Failure to diagnose, misdiagnosis, or delayed diagnosis 

• Inadequate or excessive anesthesia 

• Errors during surgeries and procedures 

• Prescription drug mistakes 

• Medical device malfunctions 

• Preventable birth injuries 

Medically-based claims are some of the most challenging in wrongful death litigation, but our Indianapolis wrongful death lawyers are adept at unearthing fatal breaches of duty by caregivers. 

Defective Products 

Before a product hits the shelves, it has to go through an elaborate series of stages: 

• Designers develop the plans and make critical decisions about what materials to use and how the product will work. 

• Manufacturers obtain the materials and assemble the product. 

• Wholesalers and retailers market the product to consumers. 

If something goes awry at any stage, a defective good may be produced that could seriously injure an unsuspecting consumer, who may respond to that injury with a product liability claim, which usually alleges one of three kinds of negligence: 

• Design defects – The product was conceived in an unsafe manner. 

• Manufacturing defects – A potentially safe product was manufactured in a way that rendered it unsafe. 

• Warning defects – Warnings were not issued about the inherent risks of an otherwise safe product. 

When a hazardous product kills a consumer, his or her survivors might benefit from seeking out Hensley’s Indianapolis wrongful death attorneys, who have successfully brought claims over such defective products as the Takata airbag and the Stryker V40 hip implant. 

Car and Truck Accidents 

Lethal car and truck accidents aren’t rare in Indiana, which saw 949 vehicular casualties in 2022 alone, but our firm will be ready to go after everyone responsible for a wrongful death, exposing automotive misconduct like: 

• Driving under the influence of drugs or alcohol 

• Distraction 

• Fatigue 

• Excessive speed 

• Disobeying traffic control signals 

Premises Liability 

Indianapolis property owners who injure lawful visitors by not exercising sufficient caution to not harm them could be subject to premises liability claims, and a wrongful death case could be justified when those visitors lose their lives on the premises because of:  

• Dog bites 

• Slip-and-falls 

• Elevator and escalator accidents 

• Electrocutions 

• Fires 

• Drownings 

• Toxic fumes or chemicals 

• Assaults in locations with lax security 

Work Accidents 

So much of what happens to us happens at work, and that includes accidents, which is why Indianapolis employers have an obligation to keep their employees out of danger.  When they shirk this obligation, tragedy can strike, as it did for the 156 workers who were killed on the job in Indiana in 2022.

Fortunately, funds may be available for the dependents of deceased Indianapolis employees, most often through the workers’ compensation system, though our Indianapolis wrongful death lawyers will do everything in their power to find additional avenues of recovery if they exist.  

How Our Indianapolis Wrongful Death Attorneys Can Help 

You are never truly prepared for the death of someone you hold dear, but the Indianapolis personal injury lawyers at Hensley Legal Group can help you ease the financial burden of that passing.    

If you hire Hensley, we will launch a comprehensive investigation into the wrongful death and everyone who contributed to it, then amass the materials to build your claim.   After constructing a rock-solid case against all of the defendants, we will enter into negotiations with their insurance carriers.   

Indiana law may curb wrongful death damages, but you can count on our tenacious Indianapolis wrongful death lawyers to get you the largest settlement possible.  And if an offer is not extended that is worthy of your case, we are not afraid to go to trial for a verdict that is, unlike many of our competitors, who seldom, if ever, see the inside of a courtroom.  

We understand that you may be reluctant to agree to more expenditures when you can least afford them, so you may be pleased to learn that our firm works on a contingency basis.  This means that you won’t have to pay us anything until our Indianapolis attorneys win your case.  

It can be hard to imagine a future without your loved one, but Hensley will work tirelessly to ensure that you can enjoy the future that your loved one would have wanted for you. 

Hensley’s Indianapolis Wrongful Death Lawyers Will Be Here for You 

Hensley Legal Group has been fighting for the innocent victims of negligence since 1998.  If your world has been turned upside down by a devastating loss, Hensley’s Indianapolis wrongful death lawyers will be here for you.  

For a complimentary case review with a dedicated Indianapolis wrongful death attorney, you can call us at (317) 472-3333, chat with us online, or fill out our contact form today.