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Indiana Wrongful Death Lawyer

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Indiana Wrongful Death Lawyer

Indiana Wrongful Death Lawyer

Losing a loved one is one of life’s most unfortunate events, but it can be even more devastating when the death is due to someone else’s wrongful actions. In Indiana, certain individuals are allowed to file a wrongful death lawsuit. Wrongful death lawyers in Indiana can assist you in seeking maximum compensation for your loss.

All personal injury lawyers at the Injury Lawyer Team accept wrongful death lawsuits on a contingency fee basis. This arrangement guarantees you will pay no upfront fees until our Indiana death lawyer resolves your case through the negotiation of a settlement or jury award. 

Contact us today to schedule a free case evaluation. 

Contact our Indiana wrongful death lawyers to schedule a free consultation. All confidential or sensitive information shared with your Indiana wrongful death lawyer remains private through an attorney-client relationship.

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Statistics Related to Indiana Wrongful Death Cases 

Indiana Department of Public Health statistics show that 107,477 people died in the United States of an overdose or poisoning in 2022. 

Out of these numbers, over 2,751 individuals were Indiana residents killed by drug overdose. That’s an increase from 2021 data which reported deaths of 2,554 Hoosiers due to drug overdose. 

Analysts found that there is a 7% increase in drug-related overdose deaths in Indiana from the previous year.

In 2021, Indiana’s infant mortality rate was the 10th highest in the US, recording almost 6.75 deaths for every 1,000 live births. 

The 2022 data from the Centers for Disease Control and Prevention shows Indiana has the seventh-highest provisional rate at 7.16. 

The key reason behind Indiana’s high infant mortality rate was limited access to reproductive care. 

In 2021, Indiana experienced a car crash fatality rate of 20.10 per 100,000 licensed drivers, the second-highest rate in a decade and the 22nd-highest in the US. 

Medical errors result in nearly 251,000 deaths each year and make up 9.5% of all annual deaths in the U.S. As a result, medical malpractice is the third leading cause of death in the country.

If we believe the 2020 Census of Fatal Occupational Injuries report, 158 workers in Indiana died in workplace accidents in 2020, marking an 8.22% rise from 2019’s total of 146. 

The Indianapolis Star reports that Indiana ranks poorly in overall care for elderly residents, with the state’s death toll drastically exceeding the national average. 

In Indiana, an average of 19% of nursing homes receive 1-3 complaints, while 55% of nursing homes receive 4 or more complaints.

What is a “Wrongful Death” Under Indiana Law? 

In Indiana, a wrongful death lawsuit is a civil action filed on behalf of survivors when a loved one’s death happens due to someone else’s negligence, recklessness, or intentional act. 

Similar to a personal injury claim, a wrongful death lawsuit has two key differences: the lawsuit must be filed by the surviving family members since the victim is deceased, and the damages awarded compensate the survivors, not the victim.

Wrongful death occurs due to various cases of negligence or recklessness, including:

  • Car or truck crashes
  • Motorcycle or other motor vehicle accidents
  • Medical malpractice
  • Exposure to toxic substances
  • Defective products
  • Construction site accidents
  • Nursing home abuse or neglect 
  • Unsafe premises 

A wrongful death lawsuit enables survivors to hold the at-fault party accountable and seek financial compensation in court for a wrongful death incident. This compensation can cover medical expenses and the loss of love and companionship. 

Remember that a wrongful death suit is a civil matter, not a criminal one, so the person being sued will not face jail time as a result of your case.

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Timeline to File an Indiana Wrongful Death Claim 

Like other personal injury claims, individuals must file wrongful death lawsuits in Indiana within a certain period, established by the “statute of limitations” law. In Indiana, the legal deadline for filing a wrongful death claim is two years from the date of the person’s death. 

This legal timeframe applies universally, irrespective of the deceased’s age. Failing to meet this deadline will likely result in the court’s refusal to entertain the case. Hence, it is advisable to consult with experienced wrongful death lawyers to ensure a timely legal process.

Who Can File a Wrongful Death Lawsuit in Indiana?

Indiana law determines individuals eligible to bring a wrongful death claim based on whether the deceased was an adult or a child at the time of passing. The party filing the lawsuit initiates the legal action on behalf of the deceased person’s estate and survivors. Meaning, that if you do not qualify to file a wrongful death lawsuit, that doesn’t mean you won’t receive any share of the damages. 

Under Indiana law, the personal representative of the deceased is the default party allowed to file a wrongful death claim. Personal representatives have the right to act on behalf of the deceased and allocate the damages awarded to the person’s other property. 

Child Decedents

Indiana’s wrongful death law determines a unique provision for deceased who were minors. For such wrongful death lawsuits, a “child” is defined as an unmarried individual without dependents falling into one of the following categories: 

  • Under 20 years old
  • Under 23 years old and actively enrolled in college, vocational school, or technical school. 


The Indiana law allows three eligible parties to initiate a wrongful death lawsuit for a child: 

  • One or both surviving parents
  • The child’s guardian, or 
  • The parent who was granted custody post-divorce. 

Any errors in filing wrongful death claims may lead to court dismissal, requiring the prices to start over.

Adult Decedents

If the deceased person was an adult, only the personal representative is eligible to initiate a wrongful death lawsuit. If the individual had a will, the personal representative is typically the same as the executor of the estate. In the absence of a will, the probate court will appoint a personal representative.

What Compensatory Damages are Available in Indiana Wrongful Death Cases? 

Every wrongful death lawsuit is unique, and the types of recoverable compensation vary depending on the status of the decedent and their survivors. Whether the deceased was a child or an adult, the family members can always seek compensation for:

  • Medical bills and hospital expenses 
  • Funeral expenses and burial costs 


When Deceased Was a Child

Besides medical and funeral expenses, an Indiana jury can award compensation in wrongful death cases where the deceased was a child (Indiana Code § 34–23–2–1), for example:

  • The child’s debts
  • Loss of the child’s services
  • Loss of the child’s love and companionship
  • Counseling costs for the child’s parents or siblings
  • Administration expenses of the child’s estate, including legal fees

It’s crucial to understand that a jury can only award damages for the duration of the child’s age at the time of their passing.

When Deceased Was an Unmarried Adult with No Dependents

In wrongful death cases where the deceased was an unmarried person with no dependants (Indiana Code § 34–23–1-2), the jury can award damages for the general financial losses as well as non-economic losses:

  • Funeral and burial expenses
  • Loss of love and companionship
  • Medical bills incurred by the treatment of the victim’s injury 

In these kinds of Indiana personal injury claims, damages cannot include compensation for punitive damages, the grief of the survivors, or income losses.

When Deceased Was Married and/or Has Surviving Dependents

Indiana Code 34-23-1-1 states Indiana’s General Wrongful Death Statute, providing for the recovery of damages on behalf of a decedent with dependents. When the deceased has a surviving dependant, for example, a spouse, parent or child, the state court can award compensatory damages including:

  • Hospital and medical costs
  • Funeral and burial expenses 
  • Lost earnings which would have been earned if the victim had lived 

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Indiana Damage Caps for Compensation in a Wrongful Death Case 

A damage cap, also known as a compensation cap or liability cap, is a legal limit placed on the recovery money that a plaintiff can receive in damages in civil cases like personal injury or wrongful death. In Indiana personal injury claims, certain damage caps may affect the final settlement amount awarded. 

Wrongful death compensation caps in Indiana cases may be:

  • $300,000 for unmarried adults not related to medical malpractice
  • $1,250,000 for medical malpractice
  • No specific cap for child deaths under 20 years (or 23 years in certain educational cases)
  • $700,000 for deaths caused by government entities
  • $300,000 damage cap for loss of love and companionship 

To recover the maximum fair amount you deserve, hire an experienced Indiana wrongful death lawyer who can advocate for a just outcome. 

How the Injury Lawyer Team Can Help You With Your Wrongful Death Case 

Seeking justice in a wrongful death case can be overwhelming, but our compassionate law firm will help you navigate the legal complexities while ensuring your rights are preserved. 

Here are the top benefits of hiring our wrongful death attorneys:

  • Collection of Evidence – We collect and analyze fatal accident reports, interview witnesses, consult experts, and preserve crucial evidence.
  • Case Investigation – We investigate thoroughly to identify all liable parties, whether individuals, companies, or government entities.
  • Valuation of the Claim’s Damages – Our death attorneys meticulously evaluate medical expenses, lost wages, emotional distress, and more to accurately determine damages.
  • Negotiation for a Fair Settlement – We skillfully negotiate with insurance companies to secure fair settlements. If needed, we are prepared to litigate in court trials for your rights.

Our Indiana wrongful death attorneys always strive to become your trustworthy legal companion so that you can focus on your recovery. 

Schedule a Free Case Evaluation With an Indiana Wrongful Death Lawyer 

Have your family member or a loved one become a victim of a preventable death? Was the cause of the wrongful death negligence, medical malpractice, or abuse? If yes, then hiring a wrongful death lawyer is the first step to take and ensure you receive the much-deserved compensation.

A wrongful death attorney at the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, has decades of experience in securing fair compensation for the deceased family in Indianapolis, Indiana. We will recover damages like medical bills, funeral costs, emotional trauma, and others incurred due to the death. 

Schedule a free consultation today by contacting our legal team at (888) 424-5757. All confidential or sensitive information shared with your Indiana wrongful death lawyer remains private through an attorney-client relationship.