Fishers Wrongful Death Lawyer

Are you looking for a wrongful death lawyer in Fishers, IN?

At Ward & Ward Personal Injury Lawyers, we offer wrongful death representation guided by 109 combined years of experience in Fishers and the surrounding area.

If a family member died in Fishers because another person or company was careless, Indiana law allows the estate to bring a claim for the losses that death caused. The process starts with paperwork in Hamilton County probate court and ends, in most cases, with a settlement paid by an insurance company. Our founding attorneys have handled fatal injury claims for Indiana families since the 1950s. A Fishers, IN wrongful death lawyer from Ward & Ward Personal Injury Lawyers will explain who can file, what the claim can recover, and how the two-year deadline applies to your family. Schedule a consultation with us today.

Wrongful Death Lawyer Fishers, IN

Hamilton County recorded 6,196 reported collisions in 2020, and 23 of them killed at least one person, according to the county profile book published by the Indiana Criminal Justice Institute. Motor vehicle crashes on I-69, State Road 37, and 116th Street account for many of the wrongful death claims we see from Fishers. Medical errors, workplace incidents, and defective products account for the rest.

A wrongful death lawyer is an attorney who represents the estate and surviving family of a person killed by negligence. Indiana law requires the personal representative of the estate to bring the claim, so our first task is often opening the estate and having a family member appointed. From there, our Fishers, IN wrongful death attorneys gather the evidence of fault, document the financial and personal losses, and pursue the responsible party’s insurer through negotiation or a lawsuit filed in Hamilton County.

Types of Wrongful Death Cases We Handle in Fishers

The evidence and the responsible parties differ by the type of incident. Our Fishers wrongful death lawyers have handled each of the following case types.

• Car accidents. Fatal crashes on I-69, at the 96th Street and Allisonville Road roundabout, and along 116th Street produce most of our wrongful death cases. We obtain the crash reconstruction, the other driver’s phone records, and any toxicology results before the insurer settles on its version of events.

• Truck accidents. Semi-trailers on I-69 and State Road 37 travel through Fishers daily. When a commercial driver causes a fatal crash, the trucking company’s hiring, training, and hours-of-service records become evidence.

• Pedestrian accidents. People struck while crossing 116th Street, Allisonville Road, or the Nickel Plate District rarely survive impact at posted speeds. We review crosswalk signal timing, lighting, and driver speed to establish fault.

• Bicycle accidents. Cyclists on the Nickel Plate Trail crossings and on Olio Road face left-turning and overtaking drivers. The bicycle itself and any helmet camera footage should be preserved before repair or disposal.

• Medical malpractice. A death caused by a missed diagnosis, surgical error, or medication mistake at a Fishers hospital or clinic falls under Indiana’s medical malpractice system, which has its own review panel process and its own damages cap.

• Birth injuries. When an infant dies because of oxygen deprivation, a delayed cesarean, or an unmonitored complication during delivery, the parents have a claim. We work with obstetric and neonatal physicians to review the fetal monitoring strips and delivery records.

• Workplace and construction deaths. Workers’ compensation pays limited death benefits when an employee dies on the job. A separate wrongful death claim may be available against a third party, such as an equipment manufacturer or a subcontractor, whose negligence contributed to the death.

• Drunk driving deaths. A driver convicted of operating while intoxicated causing death has supplied most of the proof of fault. Indiana law also allows the family to seek punitive damages against that driver.

• Defective products. Vehicle component failures, unsafe medical devices, and dangerous consumer products can support a claim against the manufacturer under Indiana’s product liability rules.

Why Choose Ward & Ward Personal Injury Lawyers as my Wrongful Death Lawyer in Fishers, IN?

Recognition From Best Lawyers, Martindale-Hubbell, and the Indiana Bar Foundation

Charles P. Ward is listed in Best Lawyers in America for plaintiff’s personal injury litigation and holds Martindale-Hubbell’s highest peer rating, AV Preeminent. He has been named to Super Lawyers each year since 2005 and was selected as one of the Top 25 Motor Vehicle Trial Lawyers by the Motor Vehicle Trial Lawyers Association. Donald W. Ward received the Indiana Bar Foundation’s Legendary Lawyer Award in 2015, the Sagamore of the Wabash in 2005, and a Lifetime Achievement Award from the Indiana Trial Lawyers Association in 1996. He is a Fellow of the Indiana College of Trial Lawyers. Both attorneys handle wrongful death cases. That combination of trial recognition and 109 years of Indiana practice is what you want from a personal injury lawyer in Fishers, IN when the claim involves a death.

How We Handle the Estate and the Claim Together

A wrongful death claim in Indiana cannot begin until a personal representative has been appointed. We prepare the petition for the Hamilton County probate court, coordinate with the funeral home and the Hamilton County Coroner’s Office for the records the claim requires, and then pursue the negligent party’s insurer. We handle wrongful death cases on a contingency basis, and the family owes no attorney fee unless we recover compensation. A wrongful death attorney in Fishers from our firm will tell you at the first meeting which statute applies to your family and whether a damages cap affects the claim.

What Is Important To Understand About Wrongful Death Cases?

What Are Important Aspects of a Wrongful Death Case?

Three questions shape every wrongful death claim in Indiana: who the deceased person left behind, what caused the death, and which insurance policies respond. The answer to the first question determines which statute applies and whether a cap limits the recovery. The answer to the second determines whom we can pursue, since a fatal crash may involve a driver, an employer, and a vehicle manufacturer at the same time. A survival action for the pain the deceased person experienced before death may also be available, and it is brought alongside the wrongful death claim by the same personal representative.

Damages, Liability, and Compensation for Wrongful Death Cases

Liability rests on negligence, meaning the responsible party failed to use reasonable care and that failure caused the death. Indiana’s comparative fault rule applies, so a finding that the deceased person was more than 50 percent at fault bars the claim. The damages available depend on the deceased person’s family situation.

• A married person or a person with dependents: the general wrongful death statute allows recovery of medical and funeral expenses, the earnings the deceased would have provided, and the loss of love, care, and companionship, with no cap.

• An unmarried adult with no dependents: the adult wrongful death statute allows parents and non-dependent children to recover funeral and medical expenses and up to $300,000 for loss of love and companionship. Lost earnings are not recoverable.

• A child under 20, or under 23 and enrolled in school: the child wrongful death statute allows parents to recover for the child’s love, companionship, and services, plus counseling expenses, with no cap.

• Deaths caused by medical malpractice: total recovery is capped by statute at $1,800,000 for malpractice occurring after June 30, 2019.

• Deaths caused by a government employee or agency: recovery is capped at $700,000 per person, and a written notice of claim must be filed within 180 days.

Punitive damages are available only against the person whose conduct was reckless, and they are paid mostly to the state rather than the family. The wrongful death damages therefore depend as much on the family’s circumstances as on the facts of the death.

What Should You Bring to Your Wrongful Death Consultation?

We understand that gathering documents after a death is difficult. Bring what you can locate, and we will request the rest.

• The death certificate, available through the Indiana Department of Health or the Hamilton County Health Department

• The crash report, incident report, or hospital records describing how the death occurred

• Any will, and the names of the surviving spouse, children, and parents

• Funeral and burial invoices, and recent pay stubs or tax returns showing the deceased person’s income

• Correspondence from any insurance company

We will explain which statute governs your claim, whether an estate must be opened, and what the case is likely to involve. Consultations with a wrongful death lawyer in Fishers are scheduled within a few business days.

What Is The Wrongful Death Case Timeline?

Indiana gives the personal representative two years from the date of death to file a wrongful death lawsuit. The first month is spent opening the estate, obtaining the coroner’s report and death certificate, and sending preservation letters to the responsible parties. Investigation and physician or engineer review follow, which can take three to six months in a crash case and longer in a medical malpractice case because of the required review panel. Once the losses are documented, we send a demand to the insurer. 

Most claims settle within a year of the demand. Cases that do not settle proceed through a lawsuit in Hamilton County Superior Court, with depositions, mediation, and trial. Any settlement on behalf of a minor or a dependent requires court approval before funds are distributed, and we file the claim in a way that accounts for that step from the beginning.

Most Dangerous Locations for Wrongful Death Cases in Fishers

Fatal crashes in Fishers cluster on I-69 between the 96th Street and 126th Street interchanges, on 116th Street at its intersections with Olio Road and Belle Plaine Boulevard, and at the 96th Street and Allisonville Road roundabout, where a two-vehicle collision killed one person in August 2026. 

Fatal incidents handled by a Fishers wrongful death attorney are investigated first by the Fishers Police Department or the Hamilton County Sheriff’s Office, and the Hamilton County Coroner in Noblesville determines the cause and manner of death. Wrongful death lawsuits are filed at the Hamilton County Government and Judicial Center in Noblesville, which also houses the probate court where the estate is opened.

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

A wrongful death claim will not undo the loss, but it can replace the income, cover the expenses, and hold the responsible party accountable. Our consultations are free, and our fee is paid only from a recovery. We respond to families within one business day and can meet by phone, by video, or at your home. Contact us to speak with a Fishers, IN wrongful death lawyer about your family’s claim.