Indiana Wrongful Death Lawyer

Wrongful death lawyers who pursue full recovery for injured clients and their families.

If your family has lost someone because of another party’s negligence in Indianapolis, an attorney can help you understand your legal rights, identify the responsible parties, and pursue the compensation your family may be entitled to under Indiana’s wrongful death statutes. These cases involve procedural requirements that differ from a standard personal injury claim, including rules about who has standing to file and what categories of damages are recoverable. Ward & Ward Personal Injury Lawyers has represented families in wrongful death and personal injury matters throughout Indiana for decades. If you need an Indianapolis, IN wrongful death attorney, contact our office to schedule a free consultation.

Wrongful Death Attorneys Indianapolis, IN

A wrongful death claim arises when a person dies as a result of someone else’s wrongful act or omission. Under Indiana Code § 34-23-1-1, the personal representative of the deceased person’s estate is the party authorized to file the lawsuit. The claim is rooted in the same legal theory as a personal injury action: the deceased would have had a valid negligence claim had they survived.

Indiana has three wrongful death statutes, and which one applies depends on the circumstances of the deceased. The general statute covers adults with a surviving spouse or dependents. A separate statute applies to unmarried adults without dependents, and a third governs cases involving the death of a child. Each statute carries different rules about recoverable damages. An experienced wrongful death lawyer in Indianapolis can evaluate which statute governs your family’s situation and what that means for the scope of your claim.

Types of Wrongful Death Cases We Handle in Indianapolis

Wrongful death cases in Indianapolis, IN arise from a range of circumstances. Ward & Ward Personal Injury Lawyers represent families in the following types of claims:

• Car accidents. Motor vehicle collisions remain one of the leading causes of wrongful death in Indiana. Fatal crashes caused by speeding, impaired driving, distracted driving, and failure to obey traffic signals give rise to claims against the at-fault driver and, in some cases, additional parties.
• Truck accidents. Collisions involving commercial trucks produce fatalities at higher rates than passenger-vehicle-only crashes. According to FMCSA crash data, thousands of people are killed in large truck crashes across the country each year. These cases frequently involve claims against both the truck driver and the carrier.
• Medical malpractice. When a physician, surgeon, nurse, or hospital fails to meet the accepted standard of care and a patient dies as a result, the surviving family may have a wrongful death claim. Indiana’s medical malpractice laws impose specific procedural requirements, including a mandatory review panel process, that differ from other wrongful death claims.
• Motorcycle accidents. Motorcyclists killed by negligent drivers leave behind families who face not only grief but also the financial consequences of lost income, medical bills incurred before death, and funeral costs. The absence of structural protection makes motorcycle collisions disproportionately fatal.
• Premises liability deaths. A property owner who fails to maintain safe conditions may be held liable if someone dies as a result. Fatal falls, drownings, structural collapses, and inadequate security are all circumstances that can support a wrongful death claim against a property owner or manager.
• Construction accident fatalities. Workers killed on construction sites may leave families with claims against general contractors, subcontractors, equipment manufacturers, or property owners, depending on the circumstances of the accident and who failed to comply with applicable safety standards.
• Defective product deaths. When a defective consumer product, industrial machine, pharmaceutical, or medical device causes a death, the manufacturer, distributor, or retailer may be liable under Indiana’s product liability statutes.
• Railroad accident fatalities. Fatal collisions at railroad crossings, derailments, and accidents involving railroad workers raise liability questions that may involve both state law and federal regulations, such as the Federal Employers Liability Act.

Why Choose Ward & Ward Personal Injury Lawyers as My Wrongful Death Attorney in Indianapolis, IN?

A Firm Built on Plaintiff-Side Advocacy

Donald W. Ward has practiced law since 1954 and has spent his career on the plaintiff side of personal injury and wrongful death litigation. He served as President of the Indiana Trial Lawyers Association, was appointed to the Indiana Judicial Nominating and Qualifications Commission on three separate occasions, and received the Legendary Lawyer Award from the Indiana Bar Foundation in 2015. He has been a member of the American Association for Justice since 1958. Charles P. Ward has practiced since 1989 and holds an AV Preeminent rating from Martindale-Hubbell. He has been recognized by Best Lawyers in America for personal injury litigation and has served as a state delegate to the Association of Trial Lawyers of America.

Ward & Ward Personal Injury Lawyers has helped clients recover millions of dollars in personal injury and wrongful death matters across Indiana. Our personal injury lawyer in Indianapolis, IN handles wrongful death cases on a contingency fee basis. Your family pays no attorney fees unless we recover compensation on your behalf.

What Is Important to Understand About a Wrongful Death Case?

Damages, Liability, and Compensation for Wrongful Death Cases

The damages available in an Indiana wrongful death case depend on which of the three wrongful death statutes applies. Under the general statute for adults with surviving dependents, there is no statutory cap on total damages. Recoverable compensation may include:

• Medical and hospital expenses incurred before the death
• Funeral and burial costs
• Lost earnings and benefits the deceased would have provided to the family
• Loss of love, companionship, and guidance for surviving dependents

Under the separate statute for unmarried adults without dependents, Indiana law imposes a $300,000 cap on loss-of-companionship damages, though medical and funeral expenses remain recoverable beyond that cap.

Liability in a wrongful death case follows the same negligence framework as any personal injury claim: the plaintiff must establish that the defendant owed a duty of care, breached that duty, and that the breach caused the death. Indiana’s modified comparative fault rule under Indiana Code § 34-51-2-6 applies. If the deceased person’s own fault exceeds 50 percent, the claim is barred.

What Are Important Aspects of a Wrongful Death Case?

Wrongful death claims in Indiana have procedural elements that set them apart from personal injury cases filed by a living plaintiff. Several of these require early attention.

• Only the personal representative of the deceased’s estate has standing to file a wrongful death lawsuit under Indiana law. This typically requires a probate court appointment. Families who have not yet gone through this process should address it promptly, because insurers and defendants will challenge standing if the wrong person files the claim.
• Evidence preservation is critical. Medical records, accident reports, employment and income documentation, and any physical evidence from the scene must be gathered and secured before it is lost or destroyed.
• In wrongful death cases arising from medical malpractice, Indiana requires that the claim be submitted to a medical review panel before a lawsuit can be filed in court. This adds a procedural step and timeline considerations.
• The relationship between the deceased and the surviving family members directly affects what damages are recoverable. Spousal and dependent relationships open the broadest range of compensation categories.

What Is the Wrongful Death Case Timeline?

Wrongful death cases tend to move more slowly than other personal injury matters because of the additional procedural requirements and the number of parties often involved. A general timeline includes:

• Appointment of a personal representative through probate court, if one has not already been named
• Investigation and evidence collection, including medical records, accident reports, financial documentation, and retention of any necessary professionals
• Filing the claim with applicable insurance carriers and beginning settlement negotiations
• If negotiations fail, filing a lawsuit within Indiana’s two-year statute of limitations under Indiana Code § 34-23-1-1, which runs from the date of death
• Discovery, depositions, and pre-trial proceedings if the case enters litigation

Some wrongful death cases resolve through settlement negotiations. Others proceed through litigation and trial. The timeline depends heavily on the complexity of the liability issues and the number of defendants involved.

What Should You Bring to Your Wrongful Death Consultation?

Preparing documentation before meeting with an attorney allows the initial case review to be as thorough as possible. If available, bring the following:

• The death certificate
• Any police or accident reports related to the incident
• Medical records and billing statements from treatment the deceased received before death
• Documentation of the deceased’s income, employment, and financial contributions to the family
• Insurance information for all potentially liable parties
• Any correspondence from insurance adjusters or attorneys representing the at-fault party

Your attorney will review these materials, discuss the applicable wrongful death statute, and outline the steps necessary to move forward. There is no charge for this consultation and no obligation to retain the firm.

What Are Important Indiana Legal Resources for Wrongful Death Cases?

Indiana’s wrongful death framework is governed by a specific set of statutes that determine who can file, what damages are available, and how long the family has to act. These resources provide a starting point:

• Indiana Code § 34-23-1-1 is the general wrongful death statute for adults with surviving spouses or dependents. It establishes a two-year statute of limitations running from the date of death.
• Indiana Code § 34-51-2-6 applies the state’s modified comparative fault rule to wrongful death cases. Recovery is barred if the deceased’s fault exceeds 50 percent.
• The Indiana General Assembly website houses the full Indiana Code, including the wrongful death statutes in Title 34, Article 23.
• The NHTSA Fatality Analysis Reporting System provides national data on fatal motor vehicle crashes, a leading cause of wrongful death claims in Indiana.
• The CDC injury statistics database provides data on fatal and nonfatal injuries in the United States, including unintentional deaths from motor vehicle crashes, falls, and other categories relevant to wrongful death litigation.

Reach Out to Ward & Ward Personal Injury Lawyers to Schedule a Consultation

If your family has lost someone due to negligence in Indianapolis, IN, Ward & Ward Personal Injury Lawyers can help you evaluate your legal options and determine the best path forward. Our firm handles wrongful death cases on a contingency fee basis, so there are no upfront costs and no attorney fees unless we recover compensation for your family. We respond to inquiries promptly and understand that these matters require both legal skill and sensitivity. Contact us to schedule a free consultation with a wrongful death attorney in Indianapolis at Ward & Ward Personal Injury Lawyers.