Plainfield Wrongful Death Lawyer

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

At Ward & Ward, we have been serving clients about wrongful death matters in Plainfield, IN and possess 109 years of combined legal experience.

If you’ve lost a loved one because of another person’s negligence in Plainfield, you’re dealing with grief and difficult financial questions. Indiana law gives surviving family members a path to recover for those losses, but the rules differ depending on who died and who they left behind. Our Plainfield, IN wrongful death lawyer can walk you through which rules apply to your family’s situation.

Ward & Ward Personal Injury Lawyers has represented Indiana families for decades, and we take wrongful death cases on a contingency fee basis so you pay nothing upfront. We offer free consultations, and we’re direct with clients about what a case is actually worth before any work begins. Contact us to talk through what happened to your family member.

Wrongful Death Lawyer Plainfield, IN

A wrongful death lawyer represents the family of someone who died because of another party’s negligent or wrongful conduct, whether that’s a car crash, a defective product, or a preventable medical error. The claim itself is brought by the deceased person’s estate, though the money ultimately goes to the surviving family members the law identifies. Families sometimes assume a wrongful death attorney only handles fatal car accidents, but the practice covers any death caused by someone else’s negligence, from a workplace fall to a defective piece of machinery.

Indiana recorded 928 traffic fatalities in 2023 across 871 fatal collisions, according to the Indiana Criminal Justice Institute. Not every wrongful death case involves a vehicle, but traffic crashes remain one of the most common causes. A wrongful death attorney in Plainfield, IN determines which of Indiana’s three separate wrongful death statutes applies to your family, since each one covers a different situation and allows different family members to recover. Getting this wrong at the outset can affect who has standing to bring the claim at all.

Types of Wrongful Death Cases We Handle in Plainfield

Wrongful death claims arise from many different kinds of negligence, and the underlying cause often shapes how we build the case. Below are the situations we handle most often for families in Plainfield and throughout central Indiana.

• Car accident wrongful death. A fatal collision caused by a distracted, impaired, or reckless driver is one of the most common wrongful death scenarios we see. We reconstruct the crash to establish exactly what the at-fault driver did wrong.
• Truck and tractor-trailer wrongful death. Commercial vehicle crashes often involve a trucking company alongside the driver, and federal regulations on hours of service and vehicle maintenance frequently become relevant.
• Motorcycle accident wrongful death. Motorcyclists face a higher risk of fatal injury than passenger vehicle occupants, and insurers often try to shift blame onto the rider even when the other driver caused the crash.
• Medical malpractice wrongful death. When a preventable medical error causes a death, Indiana’s medical malpractice rules add procedural steps beyond a typical wrongful death claim.
• Premises liability wrongful death. A property owner’s failure to address a known hazard, such as inadequate security or a dangerous structural defect, can lead to a fatal injury on their property.
• Product liability wrongful death. A defective vehicle part, piece of machinery, or consumer product can cause a fatal injury even when the person using it did everything right.
• Construction accident wrongful death. Falls, equipment failures, and unsecured job sites cause a disproportionate share of workplace fatalities, and liability often extends beyond a worker’s direct employer.

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

Decades of Combined Experience

Charles P. Ward has practiced law since 1989, earning his J.D. from Indiana University after graduating cum laude from Butler University. Donald W. Ward has practiced since his 1954 admission to the Indiana Bar, a career that includes serving as President of the Indiana Trial Lawyers Association and as a Deputy Trial Prosecutor for Marion County. Both attorneys handle wrongful death matters directly for the firm’s clients.

Recognition Built Over Time

Charles Ward has been listed in Super Lawyers since 2005 and named a Best Lawyers in America honoree, and Donald Ward received the Indiana Bar Foundation’s Legendary Lawyer Award in 2015 along with the AV Preeminent rating from Martindale-Hubbell. We’ve represented Indiana families across a wide range of fatal accident cases. Our personal injury lawyer in Plainfield, IN speaks plainly with clients about what a wrongful death claim can realistically recover.

Understanding Wrongful Death Cases

Damages, Liability, and Compensation for Wrongful Death Cases

Indiana actually has three separate wrongful death statutes, and which one applies depends on the decedent’s age, marital status, and dependents. A few concepts come up in nearly every case.

• Indiana’s general wrongful death statute applies when the decedent leaves behind a spouse or dependents, and it does not cap damages
• The Adult Wrongful Death Act applies to an unmarried adult without dependents, and non-economic damages under this statute are capped at $300,000
• The Child Wrongful Death Act applies when the decedent was under 20, or under 23 if enrolled full-time in school, and generally does not cap damages
• Recoverable damages typically include medical, hospital, funeral, and burial expenses, lost income, and loss of love and companionship
• Indiana does not allow recovery for the decedent’s own pain and suffering or for punitive damages in a wrongful death claim
• Every wrongful death claim must be filed within two years of the date of death, and it helps to know some of the common myths about these cases before assuming your family doesn’t have one

What Are Important Aspects of a Wrongful Death Case?

A few details shape how a wrongful death case develops, and they’re worth understanding early. An attorney has to establish who has legal standing to bring the claim right away, since a wrongful death claim is generally filed by the estate’s personal representative rather than by family members individually. Whether the decedent had dependents changes which statute applies and what damages are available.

Documentation matters more than people expect: establishing the cause of death often requires medical records, an autopsy report, or an accident reconstruction, depending on how the death occurred.

What Is the Wrongful Death Case Timeline?

Every case moves at its own pace, but most wrongful death claims in Indiana follow a similar sequence.

• Opening an estate and appointing a personal representative, if one isn’t already in place
• Investigation into how the death occurred, including gathering records and identifying responsible parties
• Demand and negotiation with the insurance company or responsible party
• Filing a lawsuit if a fair settlement isn’t reached within the two-year filing window, an outcome different from the survival action claims some families confuse with wrongful death
• Resolution through settlement or trial, followed by distribution of any recovery according to Indiana law

What Should You Bring to Your Wrongful Death Consultation?

Coming prepared helps us evaluate your family’s case accurately from the start. Consider bringing the following.

• A certified copy of the death certificate, if you already have one
• Any police report, accident report, or medical records related to the death
• Documentation showing dependents or family relationships to the decedent
• Information about the estate, including whether a personal representative has been appointed
• Any correspondence you’ve already received from an insurance company

Most consultations work through these details and outline what steps need to happen next. A wrongful death lawyer can usually tell you within that first meeting whether the general statute, the Adult Wrongful Death Act, or the Child Wrongful Death Act applies to your family’s situation. You don’t need every document gathered before that first conversation.

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

Losing a family member to someone else’s negligence is not something you should have to sort out alone. We offer free consultations for wrongful death cases, work on a contingency fee, and respond quickly once you reach out. Contact us to talk through what happened and what your family’s options are.