Indiana Wrongful Death Lawyers

• When a death in Indiana is “caused by the wrongful act or omission of another,” the deceased’s surviving family members may be able to alleviate the financial burden of that passing with a wrongful death claim.
• Unfortunately, a favorable outcome is never guaranteed if you decide to seek justice after a wrongful death, since Indian law imposes numerous constraints on the nature and extent of the damages that may be available.
• To increase your chances of getting fairly compensated for your loss, reach out to Hensley Legal Group, PC, which has had consistent success with death and injury cases, including $25 million* for an ambulance collision.

*SPECIFIC CASE RESULTS. NO TWO CASES ARE EXACTLY ALIKE.

A sudden death is a profoundly devastating event, robbing you of someone you love without giving you the chance to prepare for it, and the loss can be even sharper when it is the consequence of somebody else’s negligence. Just a split second of carelessness can be enough to cut a valued life short and leave a grieving family behind to pick up the pieces.

While nothing can bring your loved one back, you may be able to alleviate the financial burden of an unexpected passing in Indiana with a wrongful death claim, though the state imposes a number of serious restrictions on litigation like this. To ensure that your case isn’t doomed before it begins, reach out to the seasoned wrongful death 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 and have secured such noteworthy results in death and catastrophic injury claims as:

• $25 million for an ambulance collision.
• $8.0 million for a delivery truck crash.
• $4.25 million for a pedestrian accident.

These and other achievements have earned Hensley recognition as one of the Best Law Firms in the United States by Best Lawyers®, while its attorneys have earned inclusion in the Million Dollar Advocates Forum, Super Lawyers, America’s Top 100 Attorneys, and the National Trial Lawyers’ lists of the Top 100 Trial Lawyers and the Top 40 Under 40.

As proud as we are of the many accolades bestowed on us by our peers, we’d be equally proud to be there for you and your family in your darkest hour and hope you schedule a free consultation with our Indiana wrongful death attorneys by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now. 

What Is an Indiana Wrongful Death Case? 

Under Indiana’s Wrongful Death Statute, a death is classified as “wrongful” if it is “caused by the wrongful act or omission of another.” When a wrongful death takes place, the “personal representative” of the deceased may be able to file a claim, provided that the deceased might have done so as well “for the same act or omission.”

Nonetheless, Indiana puts various constraints on the nature and extent of wrongful death damages, including constraints on how much can be allocated to claimants, but our Indiana wrongful death lawyers are ready to answer any questions you might have about what to do next.

Are You Eligible to Pursue a Wrongful Death Claim in Indiana? 

Though the loss of one life can impact many others, the sad truth is that very few of them are eligible to pursue wrongful death claims over that loss. An Indiana wrongful death plaintiff will generally be a close family member of the decedent, with the deceased’s age largely determining which family member it is.

Child decedents – When the deceased is a child, one or both of that child’s parents must file the wrongful death lawsuit. If the deceased’s parents were divorced at the time of death, the suit has to be filed by the parent who had legal custody. If the parents are themselves deceased or if their parental rights have been terminated, the decedent’s legal guardian may file suit. For the purposes of wrongful death claims, a “child” is defined in Sec. 34-23-2-1 of the Indiana Code as: 

• An unmarried individual age 19 or younger without dependents;
• An unmarried individual age 22 or younger who has no dependents and is enrolled in a college, a technical or trade school, or a similar training program; or
• A fetus that has reached viability.

Adult decedents – If a wrongful death involves a legal adult who does not meet any other criteria for child decedents, the personal representative of the deceased or the executor of his or her estate has to file suit. This role is normally filled by the decedent’s spouse, adult children, or parents.

Whether or not the person you lost fits completely into one of these categories, Hensley’s Indiana wrongful death attorneys can assess your suitability as a plaintiff and discuss the remedies that may be available to you and any other survivors.

Challenges in Indiana Wrongful Death Cases 

Aside from determining a claimant’s eligibility, the deceased’s age may affect what the claimant is entitled to receive. In the case of a child decedent, compensation may be recoverable for:

• Medical, hospitalization, funeral, and burial expenses, outstanding debts, and estate administration costs, to be directed to the estate for repayment;
• Reasonable costs of counseling for parents or minor siblings;
• Loss of the child’s services; and
• Loss of the love and companionship of the child.

For an adult decedent without dependents, a plaintiff may be compensated for:

• Medical, hospital, funeral, and burial costs, which the estate has to repay; and
• Loss of the deceased’s love and companionship – which is capped at $300,000.00.

Indiana law prohibits courts from awarding punitive damages or damages for grief or lost earnings for the heirs of an adult without dependents. Moreover, the deceased’s parents or nondependent children have “the burden of proving that the parent or child had a genuine, substantial, and ongoing relationship with the adult person” to qualify for damages.

For an adult decedent with dependents, the survivors may recover for:

• Funeral, burial, medical, and hospital expenses, to be repaid by the estate;
• Loss of the decedent’s income; and
• Loss of love, affection, guidance, training, and care.

The amount of the damages may be further curtailed by the degree to which decedents were at fault for their deaths. Under Indiana’s comparative fault laws, a plaintiff “is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.”

If the decedent was not more than 50 percent at fault for his or her own death, there might still be a wrongful death claim, with the award reduced in accordance with the deceased’s level of fault, but a claim may not be viable if the decedent was more than 50 percent at fault.

Finally, wrongful death plaintiffs have a narrow window in which to act, known as the Statute of Limitations. In Indiana, the Statute for filing a wrongful death lawsuit is two years from the date of death, though there are a host of stipulations that you may have to satisfy much more quickly in cases against government bodies in keeping with Indiana’s Tort Claims Act.

Neglecting to meet every statutory requirement could forever bar you from full fiscal recovery, the sort of senseless oversight that Hensley Legal Group will never allow.

Leading Types of Indiana Wrongful Death Cases 

Many situations could provide grounds for wrongful death claims, though the leading types of Indiana wrongful death cases arise from:

Car Accidents

Motor vehicle collisions are the top causes of wrongful death, with 955 traffic fatalities in Indiana and nearly 43,000 nationwide in 2022 alone, with most of them involving cars or other passenger vehicles. The vast majority of automotive deaths are caused by driver negligence, which may be indicated by:

• Traveling too fast
• Intoxication
• Fatigue
• Distraction
• Improper use of phones and handheld devices
• Reckless driving/drag racing
• Ignoring traffic signals and signs
• Inadequate response to rough surfaces or inclement weather

No matter what causes a fatal car accident, you can rely on our tenacious Indiana wrongful death lawyers to go after every party who may be liable for it.

Truck Accidents

Although trucks only play a role in a relatively small percentage of crashes overall, these incidents tend to be disproportionately deadly. In fact, data from the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration shows that accidents involving trucks are about 2.5 to three times as likely to take lives as accidents that don’t involve them, mainly because of their size.

With the average semi-trailer weighing around 20 to 30 times as much as the average car, it should be no surprise that the occupants of the car will statistically suffer around 72 percent of the casualties if the two vehicles smash into each other on a busy highway like U.S. Route 31.

And while there might be as much as $1 million or more in federally mandated insurance coverage, this can be something of a mixed blessing. Policies of this magnitude could give an insurance company a huge incentive to oppose a truck accident wrongful death claim, frequently by shifting the blame somewhere else. Aside from the truck driver and the trucking company, the potential defendants for a trucking wrongful death case might include the:

• Business making use of the truck
• Cargo loader
• Mechanic
• Manufacturer, distributor, or retailer of a defective component part
• Government agency with authority over a road in disrepair

In some instances, an insurer might try to blame the deceased, but Hensley’s Indiana wrongful death attorneys will push back against any unfair attempts to shirk responsibility for a tragic accident.

Construction Accidents

The construction industry accounts for almost a fifth of on-the-job fatalities in Indiana’s private employment sector, with more than half of those deaths caused by:

• Falls
• Blows from objects
• Electric shocks
• Crushing accidents

These and other construction accident wrongful deaths could have many different origins, though they may be more probable when there are unsafe conditions at a construction site, such as:

• Lack of fall prevention measures
• Insufficient overhead shields
• Open trenches
• Obstructed paths and walkways
• Exposed sockets and wiring
• Malfunctioning equipment

Hazards like these could be signs of construction negligence, a prerequisite for any valid construction accident claim, though unearthing that negligence and the defendants who contributed to it isn’t easy, and your problems may only grow when there’s a wrongful death.

Yet as big as these problems can become, they don’t have to be insurmountable if you partner with Indiana wrongful death lawyers who have the deep familiarity with state and federal laws along with the routine operations of the construction industry necessary to confront them head on.

Product Liability

The State of Indiana requires manufacturers, distributors, and retailers of products to make sure that they’re safe before bringing them to market, but too many companies prioritize their profit margins over the public good and release dangerous items that may inflict harm. When this occurs, an injured consumer may be able to file a product liability claim, usually by alleging one of three kinds of defects:

• Design defects – A product was unsafe from its conception.
• Manufacturing defects – A product’s design was safe, but it was produced in a manner that made it unsafe for use.
• Warning defects – A customer was not warned about the unsafe aspects of an otherwise safe product.

And if the product injury is fatal, it could justify a wrongful death lawsuit, for which plaintiffs might benefit from the assistance of Indiana wrongful death attorneys with the skill to convey complex technical information in a concise and compelling fashion.

Medical Malpractice

Patients harmed by their caregivers often file medical malpractice cases against them. Each year, there are approximately 17,000 medical malpractice claims filed across the country, about 940 of them in Indiana courts. Many of these cases are brought by the surviving families of patients killed because of medical negligence, which may involve:

• Failure to diagnose
• Inaccurate or delayed diagnosis
• Improper medication and anesthesia
• Errors during surgeries and non-surgical procedures
• Malfunctioning medical devices
• Birth injuries

Malpractice-related wrongful death cases have to prove that a practitioner’s deviation from the accepted standard of care caused a patient’s demise. This can be extremely tough to do, since juries are inclined to view medical practitioners in a favorable light and know that sometimes their patient can’t be healed despite their best efforts.

The legal hurdles you’ll have to clear don’t end there either, since Indiana’s Medical Malpractice Act doesn’t permit you to merely go out and file a lawsuit for medical malpractice in the same way that you would file suit for a car, truck, or construction accident. Instead, a proposed medical malpractice complaint must first be filed with the Indiana Department of Insurance, and 20 days have to pass before a party to the complaint can request the formation of a medical review panel.

Consisting of a non-voting chairperson and three healthcare providers, the panel will review any evidence that the parties submit, vote on the merits (or lack thereof) of the claim, and issue a written opinion about it within 30 days “after reviewing all evidence and after any examination of the panel by counsel representing either party.”

Since the opinion is non-binding, either side can move forward with the litigation process whatever the panel decides, though a negative ruling could go on to be detrimental to your medical malpractice case because it can be admitted as evidence in a court of law at a later date.

Assuming you do somehow manage to get past these and other preliminary impediments and file a medical malpractice wrongful death claim, there is ultimately a ceiling on the amount you could recover solely because it is a claim for medical malpractice. As stated in Sec. 34-18-14-3 of the Indiana Code, “the total amount recoverable for an injury or death of a patient may not exceed… $1,800,000.00 for an act of malpractice.”

That may sound like a lot, but it might not actually be enough to cover the bills for the treatment the deceased underwent to combat the adverse effects of negligent care, to say nothing of the toll on the family’s long-term prospects if the decedent was the primary breadwinner.

Fortunately, our firm is incredibly adept at uncovering actionable breaches of duty by medical providers and optimizing any medical malpractice wrongful death claim you might have against them.

What to Do After Your Loved One Has Been Killed

As you can see, the obstacles you might face can be considerable if you are contemplating a wrongful death claim after your loved one has been killed, although that doesn’t mean you should simply give up. But because what you do at the start of an Indiana wrongful death claim could sow the seeds of its eventual success (or failure), it’s important to take the right steps during the early stages, including the following:

Research the deadlines – As we’ve explained, the Statute of Limitations is two years from the date of death for most Indiana wrongful death claims, but you may have more pressing deadlines in some scenarios.

For example, if a government agency is the defendant for the wrongful death claim, you won’t be able to file suit until you have filed a notice of claim with the agency within 270 days of the death (or 180 days in some cities) and given the agency the appropriate amount of time to respond.

There may be other deadlines that have to be addressed when it comes to opening an estate or appointing a personal representative who has the standing to file a wrongful death lawsuit, and the ball can be dropped permanently at this juncture if you don’t do your research.

Identify the root causes and the defendants – The above deadlines are heavily influenced by the underlying factors that brought about the wrongful death and the parties who were culpable for it.

As such, it’s vital to identify the root causes and the defendants, since practically everything about the wrongful death suit will be driven by them.

Gather evidence – Like a house, a wrongful death case is only as solid as the materials you build it with – specifically, the evidentiary materials that can demonstrate liability for the death on the part of the defendants.

The sooner you gather this evidence, the stronger your wrongful death case can be, since it can be compromised, damaged, or lost if you wait too long to go after it.

Seek legal representation – It isn’t hard to make mistakes with these and so many other tasks that could be critical to your wrongful death claim, especially if you’re a novice plaintiff, although it can be much harder to fix them.

However, you don’t have to make these mistakes at all if you can take advantage of the wisdom of knowledgeable legal professionals, like the Indiana personal injury lawyers at Hensley Legal Group, P.C.

How Our Wrongful Death Attorneys Can Help 

A negligent death can overwhelm you with a tidal wave of emotions, including sorrow, confusion, fear, and, perhaps more than anything, anger – anger because the death didn’t have to happen, because a life you cherished was taken by the thoughtless acts of a thoughtless actor.

At a time like this, you need to channel those emotions more productively and stop the ones who hurt your family from escaping justice, and our Indiana wrongful death attorneys are eager to help you do it.

If you join the ranks of the thousands of Hoosiers every year who choose to hire Hensley, we will thoroughly investigate your loved one’s death and everyone responsible for it, then move swiftly to amass the evidence to bolster your case and intercede legally to safeguard it if warranted.

Our meticulous Indiana wrongful death lawyers will also take pains to dot every “i” and cross every “t” so that you can steer of any concerns with regard to the deceased’s estate or personal representative.

Obtain the Maximum Recovery Possible 

After assembling an airtight case against each of the defendants, we will enter into exhaustive negotiations with their insurance carriers for a settlement that reflects the entirety of your losses, including (when applicable):

• Medical, funeral, burial, and estate costs 
• Termination of economic support 
• Psychological treatment 
• Lost love and companionship 
• Punitive damages 

Indiana law may curb how much can be dispensed for a wrongful death, but Hensley Legal Group will always strive to obtain the maximum recovery possible.

You Won’t Owe Us Anything Unless We Win 

Your family’s pocketbook might be under more strain than ever before, but our firm operates on a contingency basis, so you won’t owe us anything unless our Indiana wrongful death attorneys win your case.

It might be difficult at this moment to imagine what tomorrow could bring, but we vow to do everything in our power to get you the future that the departed would have wanted for you.

Get in Touch with Our Indiana Wrongful Death Lawyers

Hensley Legal Group has been fiercely advocating for the everyday people of Indiana for almost three decades. If you find yourself reeling from the premature loss of someone you held dear, get in touch with Hensley’s Indiana wrongful death lawyers to explore your legal options.

You can call us at (317) 472-3333, chat with us online, or fill out our contact form for a complimentary case review with an accomplished Indiana wrongful death attorney at our firm.

Frequently Asked Questions

What is a wrongful death?

Like most other states, Indiana classifies a death as “wrongful” when it is “caused by the wrongful act or omission of another.”

In the event of such a death, the “personal representative” of the deceased may be able to file a wrongful death claim, provided that the deceased might have also done so “for the same act or omission.”

Who is eligible to pursue an Indiana wrongful death case?

While one death can impact countless people, very few of them will be eligible to pursue wrongful death cases over that loss.

In general, an Indiana wrongful death plaintiff will be a close family member of the deceased, usually one or both of the parents (or sometimes a legal guardian) when the decedent is a child and the surviving spouse, adult children, or parents when an adult is killed.

How much is my wrongful death claim worth?

It’s impossible to say up front how much your wrongful death claim may be worth because every wrongful death is unique.

That said, a number of factors could impact the value of a wrongful death case in Indiana, such as the circumstances surrounding the death, the applicable insurance coverage, and various constraints imposed by the state on the amount that can be awarded for certain losses, such as:

• Medical, funeral, burial, and estate costs
• Termination of economic support
• Psychological treatment
• Lost love and companionship
• Punitive damages

What are the leading types of wrongful death cases in Indiana?

Many different situations could provide grounds for wrongful death claims, although some of the leading types of wrongful death cases in Indiana arise from:

• Car and truck accidents
• Construction negligence
• Product liability
• Medical malpractice

As a rule of thumb, a wrongful death claim is only viable if someone else was more at fault for the death than the deceased, and any wrongful death verdict or settlement may be reduced by the degree to which the deceased was at fault.

How long do I have to file an Indiana wrongful death lawsuit?

Under the Statute of Limitations in Indiana, you have to file a wrongful death lawsuit within two years from the date of death.

However, you may need to move more quickly to satisfy a host of other stipulations in some situations, such as in a wrongful death case against a government body, so the sooner you get started, the better, ideally with a knowledgeable Indiana wrongful death lawyer at your side.