What to Do After a Loved One Is Killed in Indiana

• The sudden death of a loved one is one of the most painful events imaginable, but you can ease the financial burden of an unexpected passing in the State of Indiana by pursuing a wrongful death case.
• The steps you take immediately following your loved one’s death could make or break your case, including verifying the deadlines, identifying the causes and defendants, and gathering evidence.
• Perhaps the most important step of all is contacting Hensley Legal Group, PC, which has had proven success with death and injury cases, like a $25 million verdict* for a collision with an ambulance.

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

Few things are as painful as the sudden death of someone you love, which can cut a cherished life short without giving you the opportunity to prepare for it, and the pain can be even sharper when it’s the completely avoidable consequence of somebody else’s recklessness.

But while you can’t bring the person you lost back, you may be able to ease the financial burden of an unexpected passing in Indiana by pursuing a wrongful death lawsuit or claim. Nevertheless, the clock starts ticking the second your loved one dies, and the decisions you make in the immediate aftermath could make or break your case, including the decision to get in touch with the tireless 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.

Hensley has been named one of the Best Law Firms in the United States by Best Lawyers® in recognition of the many notable outcomes it has secured over the years in major injury and wrongful death cases, such as:

• A $25 million verdict* for a collision with an ambulance.
• An $8 million settlement for a delivery truck crash.
• A $4.25 million resolution for a pedestrian accident.

Additionally, Hensley’s attorneys have been honored with 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, and they’d equally honored to represent you and your family at this difficult time.

Please call us at (317) 472-3333, chat with us online, or fill out our contact form for a free case review with a knowledgeable Indiana wrongful death attorney at our firm.

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

Do You Have an Indiana Wrongful Death Case?

The rules for wrongful death cases in Indiana are laid out in three distinct sections of the Indiana Code that are commonly known as the Wrongful Death Statute.

As explained in IC Sec. 34-23-1-1, a death in the state is considered “wrongful” if it is “caused by the wrongful act or omission of another.” When that happens, the “personal representative” of the deceased may file a wrongful death lawsuit for economic damages, provided that the deceased might have similarly done so “for the same act or omission” if he or she had lived.

Who that personal representative will be is primarily determined by the age of the decedent. For a child decedent, an Indiana wrongful death suit is normally filed by the parents, although it might be filed by the custodial parent alone if the parents are divorced or a legal guardian if the parents are themselves deceased or their parental rights have been terminated.

For an adult decedent, the personal representative is someone who has been granted the authority by a will or a probate court to take legal action on behalf of the deceased’s estate and is usually though not automatically a surviving spouse, adult child, or parent.

Who Is Responsible for a Wrongful Death in Indiana?

The chief means of fiscal recovery in any wrongful death case will be the insurance companies for the parties responsible for that death, but exactly who is responsible for a wrongful death in Indiana? The answer will depend upon the circumstances leading up to the wrongful death.

For example, if your loved one was killed in a car accident, the most typical defendants would be the other car’s driver and its owner (if separate from the driver).

If your loved one was killed by a commercial truck or semi-trailer, however, the list of wrongful death defendants could be much more extensive and may include the:

• Truck driver
• Trucking company
• Freight broker
• Cargo loader
• Mechanic or servicing agent

The complexity may only grow in the event of a construction accident wrongful death, the defendants for which might be the:

• Property owner
• Project developer
• General contractor
• Contractors and subcontractors

If a defective vehicle, tool, component, or material contributes to any of the above incidents, or if someone is killed by a malfunctioning consumer good, it could form the basis of a product liability case against the item’s designer, manufacturer, distributor, and/or retailer, among others. And if a death is the result of medical malpractice, a wrongful death suit or claim might be brought against any caregiver or institute whose improper treatment had a detrimental impact, such as the patient’s:

• Doctor
• Nurse
• Paramedic
• Technician
• Therapist
• Pharmacist
• Hospital
• Rehabilitation facility
• Long-term care center
• Nursing home
• Drug or device company

Sometimes multiple defendants will share varying degrees of blame for a wrongful death simultaneously, including government bodies, and you could be forever barred from getting fully compensated if you don’t track down every single one of them within the time allotted by law.

Steps to Take Following Your Loved One’s Death

Clearly, there are a lot of factors for you to keep in mind when you’re contemplating an Indiana wrongful death case, along with a number of steps you will need to take if you hope to receive everything you may be owed, including the following:

Verify Every Applicable Deadline

The most important deadline in any Indiana wrongful death is the Statute of Limitations, the period in which you have to file a lawsuit or otherwise resolve your claim. The Statute of Limitations is two years from the date of death for most Indiana wrongful death cases, but it could be much narrower if the government is among the defendants.

Thanks to Indiana’s Tort Claims Act, you can’t file a wrongful death suit against a government agency without first filing a Notice of Tort Claim with that agency within 270 days of the death (or 180 days in some cities), at which point the agency will have up to 90 days to respond.

This isn’t the only pressing deadline you may have to meet either, since you might have other obligations pertaining to the opening of the decedent’s estate or the appointment of a personal representative, and disaster could strike if you don’t verify every deadline that could apply.

Identify the Causes and the Defendants

As we have discussed, the deadlines for an Indiana wrongful death case can be heavily influenced by the manner in which the wrongful death took place and everyone who may have played a role in it.

For this reason, it is vital to identify the causes of your loved one’s death and the defendants you will pursue over it as soon as you can, or else the window for you to act could close before you realize it exists.

Gather Compelling Evidence

A wrongful death case is built on evidence, and it should be as strong as the bricks you would use to build a house so that it doesn’t collapse in the face of stiff resistance from the defendants’ insurers.

Compelling evidence should reveal actionable misconduct on the part of the defendants as well as demonstrate a direct link between this misconduct and your loved one’s death, and it could run the gamut from something as simple as a police report to something as elaborate as expert testimony.

Whatever evidence makes the most sense for your loved one’s wrongful death case, it may be at risk of becoming unintentionally lost or deliberately destroyed if you wait too long to go after it, though a prompt request might still not be enough to safeguard it from an unscrupulous defendant. This is why it may be advisable to…

Talk to a Lawyer

No matter how attentive you are in everyday life, it’s probably impossible for you to pay attention to every detail that may be relevant to an Indiana wrongful death lawsuit or claim, much less address them, especially when you’re a novice plaintiff who is already overwhelmed with grief.

Moreover, you’ll likely be at a huge disadvantage when dealing with veteran insurance adjusters who could exploit your unfamiliarity with the litigation process to justify offering you pennies on the dollar for your case, assuming it isn’t derailed by a mistake you made or dismissed altogether.

Fortunately, you can steer clear of serious errors and deflect every trick and tactic that comes your way when you have the seasoned Indiana wrongful death lawyers at Hensley Legal Group, P.C. in your corner.

How Our Indiana Wrongful Death Attorneys Can Make a Difference

If you join the ranks of the many Hoosiers every day who choose to hire Hensley, our Indiana wrongful death attorneys will unearth the root causes of your loved one’s death and the defendants at fault for it, then establish valid claims and/or file suit against them before the Statute expires.

Next, our firm will move swiftly to amass irrefutable proof of the defendants’ wrongdoing, sending out spoliation letters when warranted to prohibit its destruction while also satisfying every regulatory requirement associated with the deceased’s estate or personal representative.

After assembling a rock-solid case against each of the defendants, our Indiana wrongful death lawyers with enter into comprehensive negotiations with their insurance carriers for a settlement that takes everything that has been taken from you into account, including:

• Medical, hospitalization, funeral, burial, and estate expenses
• Cessation of monetary support
• Psychological counseling
• Loss of love and companionship
• Punitive damages (if allowed)

The state’s Wrongful Death Statute may impose caps on the funds that can be dispensed to certain plaintiffs for certain losses, but Hensley’s tenacious Indiana wrongful death attorneys will always push to obtain the maximum amount of compensation permitted for your case.

We realize how hard it must be to look beyond the struggles of the current moment, but we promise to do everything in our power to ensure that you enjoy the future that your loved one would have wanted for you.

Reach Out to Hensley’s Skilled Indiana Wrongful Death Lawyers

Hensley Legal Group has been staunchly advocating for the innocent victims of negligence for more than a quarter century. If you’re barely staying afloat in the wake of a wrongful death that occurred in the State of Indiana, reach out to Hensley’s skilled Indiana wrongful death lawyers to learn about the remedies that may be available to you.

You can schedule a complimentary consultation with an accomplished Indiana wrongful death attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.

Frequently Asked Questions

Do I have an Indiana wrongful death case?

When a death in Indiana is “caused by the wrongful act or omission of another,” the deceased’s personal representative may be able to initiate a wrongful death case.

Whether you’re qualified to fill that role will depend upon the deceased’s age. For a child, the personal representative might be one or both of the parents, the custodial parent, or a legal guardian. For an adult, it’s usually though not always a surviving spouse, adult child, or parent.

Who can be pursued for a wrongful death?

The defendants in an Indiana wrongful death case are typically the individuals or entities responsible for the incident that led to the death.

Although every wrongful death is unique, cases are often brought over car, truck, and construction accidents, medical malpractice, and product malfunctions, and anyone whose negligent actions contributed to them could be pursued.

What steps should I take after my loved one’s death?

The steps you take in the immediate aftermath of your loved one’s death could heavily influence the outcome of your case.

In general, it would be wise for you to verify the applicable deadlines, identify the root causes and potential defendants, gather evidence, and seek legal representation if you want to be fully compensated.

Do I need to hire an Indiana wrongful death lawyer?

While you’re entitled to handle an Indiana wrongful death claim by yourself, the insurance companies might take advantage of your relative inexperience to settle your claim for less.

In contrast, the seasoned Indiana wrongful death lawyers at Hensley Legal Group, PC would be better equipped to meet the insurers on a level playing field and fight to obtain everything you may be owed under the law.

What compensation is available for a wrongful death in Indiana?

The Indiana Wrongful Death Statute impose caps on the funds that can be dispensed to certain plaintiffs for certain losses.

Nevertheless, compensation might be available for medical, hospitalization, funeral, burial, and estate expenses, cessation of monetary support, psychological counseling, loss of love and companionship, and punitive damages in some instances.