Wrongful Death

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Injury or wrongful death resulted from Wrongful Death?

Have you lost someone you love as the result of someone else’s negligence? Your family is going through alot right now, and there are more challenges ahead. Make sure you have the resources you need to get through this difficult time.

Chances are, your loved one has left behind an estate and dependents. There are strict laws in Indiana governing the rights of both estates and dependents, but you and your family do have rights. It is our job to help you understand those rights and make sure you have access to proper compensation for everything from lost wages and future expenses to pain and suffering and loss of companionship.

Filing a wrongful death claim can also bring a sense of closure to your family. When someone else’s negligence leads to a fatal accident, you want to make sure the responsible party is held responsible. Our firm can protect your family in wrongful death claims involving the following: motor vehicle accidents, construction accidents, premises liability and dangerous and defective products.

Case Types

  • Death due to vehicular accidents
  • Death due to trucking accidents
  • Death due to commercial vehicle accidents
  • Death due to motorcycle accidents
  • Death due to boating, watercraft, and lake accidents
  • Death due to transportation accidents such as bus accidents, train accidents, aviation accidents, and maritime accidents
  • Death due to electrocution, fires, smoke inhalation, and shock
  • Death occurring on the premises of a business open to the public
  • Death due to defective products
  • Death due to medical malpractice and/or medical error
  • Death while incarcerated in jails and prisons such as: failure to provide medical care to an inmate, suicide, and excessive force
  • Death due to police brutality


  • Wrongful Death falls under the category of tort law, and is subject to a statute of limitations.
  • Aggregate Damages for Wrongful Death may not exceed $300,000 in Indiana, except under special circumstances.
  • A jury may determine additional damages to be awarded, based on the need of the plaintiff and the financial situation left behind by the deceased.
  • The statute of limitations on Indiana Wrongful Death cases is two years, although exceptions may be made in extenuating circumstances.

Recovery Limits

In 2012, Indiana put a compensation cap on non-economic based damages. For personal injury cases in the state of Indiana, any case paid by the government may not exceed an award of $5,000,000. The Indiana Supreme Court is currently contesting this cap as unconstitutional, so these limits may soon be abolished.

Insurance Company Goals

The goal of the insurance company is to pay the smallest amount possible to settle a wrongful death case. Insurance companies make billions of dollars every year by settling claims as quickly as possible and employing high-priced defense attorneys who make sure their dollars stay out of your hands.

Delventhal Difference

  • You can contact us 24 hours a day, 7 days a week for a free consultation with our lawyers
  • When you contact us a lawyer will immediately respond - No call centers - No time waiting for the important legal advice you need
  • Our no recovery no fee promise - You won't have to pay a dime until there is a successful resolution to your case.
  • All accident, injury and wrongful death lawyers at our office have years of experience litigating such cases, so they know how to get the maximum compensation for your case.
  • Our lawyers will fight for your right to compensation against insurance companies and defendants for all your damages including:
    • Medical bills - Hospitalization costs
    • Future medical care
    • Loss of earnings
    • Pain and suffering
    • Emotional distress If you are the victim of an injury or wrongful death, contact us for immediate assistance.

Remember, our consultations are free, and when we take a case, we do not charge our clients a penny until our client wins. If you don't win, then we don't get paid. That's how confident we are in our ability to successfully handle your case. Call us now to speak to a Fort Wayne car accident attorney personal injury and wrongful death lawyer immediately.