Should I Use an Indiana Personal Injury Lawyer to File a Wrongful Death Lawsuit?

November 8, 2025

Few events are as painful as the sudden death of a loved one, and the pain can be so much sharper when that death is the result of somebody else’s negligence. Though nothing can bring the person you lost back, you may be able to alleviate the financial burden of an unexpected passing in the State of Indiana through a wrongful death claim or suit, and you can improve your chances of success by securing skilled legal assistance. Learn how hiring an attorney can help if you are asking yourself “Should I use an Indiana personal injury lawyer to file a wrongful death lawsuit?”

What Is a Wrongful Death Lawsuit?

Section 34-23-1-1 of the Indiana Code defines a death as “wrongful” when it is “caused by the wrongful act or omission of another.” When such a death occurs, you may have grounds to file a wrongful death lawsuit or establish a claim against the defendants who may be at fault for it, assuming that the deceased would have done so too “for the same act or omission” that led to the death.

However, notice that we said you may have grounds to file suit or establish a claim, since only certain parties are permitted to initiate proceedings over a wrongful death, usually a close family member of the decedent, with the deceased’s age chiefly determining who that family member is.

For a decedent who is classified as a child under Indiana law, both of the parents may file a wrongful death lawsuit, unless they’re divorced, at which point the parent who had legal custody at the time of death must file. If the parents have died or lost their parental rights, suit may be filed by the child’s legal guardian. For an adult decedent, the filing plaintiff will either be the executor or personal representative of his or her estate, a role that is most frequently filled by the deceased’s surviving spouse, adult children, or parents.

But even if you are eligible to file a wrongful death lawsuit, you’ll probably still have a number of challenges ahead of you, including the Statute of Limitations, the window in which you can take legal action. In Indiana, the Statute is two years from the date of death, and you could be forever barred from full recovery if you fail to file suit or resolve a claim before it elapses.

The state also imposes significant constraints on the funds that can be awarded for a wrongful death, with caps placed on how much can be allocated for specific types of damages. Moreover, any money reserved for the repayment of medical, hospitalization, funeral, and burial bills has to go to the deceased’s estate before anything can be disbursed to the heirs.

How Experienced Attorneys Can Make a Difference

As you can imagine, justice is rarely guaranteed in the wake of a wrongful death, particularly when you’re on your own. For this reason, grieving Hoosiers often seek out the highly accomplished lawyers at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998.

If you hire Hensley, your lawyer will begin by launching a comprehensive investigation to identify the defendants who may to be blame for the wrongful death, then establish valid claims and/or file a wrongful death lawsuit against each of them within the time allotted by law.

After assembling a wrongful death case that compellingly conveys the extent of the defendants’ wrongdoing, a tenacious Indiana personal injury attorney will negotiate tirelessly with their insurance carriers in order to get you compensated for ALL of the applicable damages, including:

• Expenses for medical and burial services
• Termination of economic support
• Psychological treatment
• Lost love and companionship (when allowed)
• Punitive damages (if relevant)

A wrongful death case can sometimes be concluded amicably prior to trial, but a battle-tested litigator will become indispensable if your case ends up in a venue like the Marion County Superior Court, whether because an insurer is too stubborn or the stakes are simply too great.

Whereas about 96 percent of plaintiffs who represent themselves in the courtroom lose, plaintiffs with professional representation are statistically favored to win and could potentially acquire the resources they need to live the lives their loved ones would have wanted for them.

Reach Out to Hensley’s Indiana Personal Injury Lawyers

Hensley Legal Group has been standing up for the hardworking men and women of Indiana for nearly three decades. If you are struggling to return to normal following the senseless loss of someone you cherished, reach out to Hensley’s Indiana personal injury lawyers to explore the remedies that may be available to you.

You can schedule a free consultation with a knowledgeable Indiana personal attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form today.