Indianapolis
Wrongful Death
ATTORNEY

DELVENTHAL LAW

Legal Assistance after a Tragic Death

Indiana’s wrongful death statute gives family members the legal right to sue someone for the negligent or intentional death of a loved one. This law is a powerful way for family members to take control at a time when many are spiraling.

Contact Delventhal Law Office to speak with our Indianapolis wrongful death lawyer. Our firm can advise you about whether you have a right to sue, and we can handle your claim if hired. Our consultations are free and without any obligation, so there is no risk to calling.

On The Job Accidents & Injuries

In the typical personal injury case, an injured victim has the right to sue the person who hurt them. Someone who survives a car accident can sue the negligent driver who failed to yield and T-boned the side of their vehicle.

But what happens if the victim dies in the accident? That happens more than you would think. In fact, thousands of people die in all sorts of accidents in Indiana each year.

After a fatal accident, surviving family members have their own cause of action for wrongful death. A wrongful death claim compensates certain family members for the loss of a beloved family member.

When Can You File a Claim?

First, the death must be “wrongful.” Not every death is. A pure accident is not a wrongful death, and you probably have no legal rights. Instead, family members can sue if the death was caused by wrongful conduct, such as:

• Negligence. The defendant could have failed to act with sufficient care. Think of a distracted driver who plows into a pedestrian, or a property owner who fails to fix a hazard on their property.
• Recklessness. A person acts recklessly when they know they are taking a risk but do not care about the consequences. A drunk driver is an example.
• Intentional misconduct. A wrongful death might be based on intentional, even criminal acts. Your loved one could have died after being punched in a bar fight.
• Product defects. Defective products can fatally injure a person. Suppose a defectively designed bookcase topples over and lands on your child, crushing him. The manufacturer or seller might be liable for the death.

Contact our office to check if you can bring a claim. We want to review all the evidence to determine the full extent of your legal rights.

How to File a Wrongful Death Claim in Indianapolis

This is a civil claim for financial compensation. In Indiana, only the personal representative for the estate can file the legal claim. If the deceased had a will, then the personal representative should be identified in it. When there is no will, the probate court will usually appoint a close family member to serve in the role, such as the surviving spouse.

The process is somewhat different if a child dies. The parents can usually file the lawsuit in court.

Wrongful Death Compensation

The defendant in a wrongful death case might pay compensation for:

• The wages and benefits the deceased would have earned had they lived;
• Funeral and burial expenses;
• Any medical expenses related to hospitalization or treatment for the deceased’s injuries;
• The cost for administering the estate;
• Legal fees for bringing a wrongful death claim.

Unfortunately, Indiana does not allow family members to seek any compensation for grief or loss of love, unless the deceased was a child. We think that limitation is unfair, but it is the current law.

Indiana also caps damages if the deceased left behind no spouse, children, or dependents. Otherwise, our clients can receive “reasonable” compensation based on the facts.

Deadlines for a Wrongful Death Case

Contact Delventhal Law quickly. A wrongful death claim must be filed two years from the day of the victim’s death. You do not want to go past this deadline because a judge can dismiss the case, which would mean no compensation from the defendant.

Our firm can investigate the accident to determine fault. We might visit the scene, study the police or coroner’s report, and take other steps. But we will always keep our eye on the calendar to ensure the claim is filed correctly before two years have passed.

Schedule Your Consultation with an Indianapolis Wrongful Death Attorney

The weeks and months following a family member’s death are a blur. Helpfully, families can hire an experienced lawyer to help them with a wrongful death claim. Contact Delventhal Law Office to speak with an attorney in our office. We have won millions of dollars for personal injury victims, and we are happy to offer our services to you.