South Bend
Wrongful Death
ATTORNEY

DELVENTHAL LAW

Hire a Compassionate Legal Team to File a Wrongful Death Claim

Losing a family member is a devastating experience. Many spouses or children are left with unanswered questions, especially about how their loved one died. At Delventhal Law Office, we extend our sympathies to anyone who lost a beloved family member in an accident or criminal attack. We also offer our legal services to help bring a wrongful death claim. This type of civil action seeks compensation from the person or business entity responsible for your loved one’s death. Call our office to speak with a South Bend wrongful death lawyer about your case. Our consultations are free.

Indiana’s Wrongful Death Law

Our state’s primary wrongful death statute is found at Indiana Code § 34-23-1-1. The law states you can bring a wrongful death claim against someone whose act or omission wrongly caused a family member’s death. If your loved one could have sued if they survived, then you can bring a claim, too.
The law has some unique wrinkles. For example, the personal representative for the estate files the lawsuit. This person might be identified in the decedent’s will or, if they had no will, then is appointed by the probate court.
Although the personal representative files the lawsuit, compensation goes to the estate to pay off certain expenses. The rest of the compensation usually goes to a surviving spouse or children.
Contact Delventhal Law Office if you have lost a spouse, child, or other relative. We can review whether you can bring a claim. This is a civil suit, so it is up to family members to research their legal rights.

Examples of Wrongful Death

Our firm can help clients who lost a loved one in a variety of accidents:

• Distracted driving collisions. A person who drives distracted has been negligent, and they might need to pay compensation for causing a fatal accident.
• Reckless driving accidents. Reckless actions include excessive speed or intentionally breaking a rule, like running a red light. Reckless drivers are also accountable in wrongful death cases.
• Defective product cases. The product designer or manufacturer might be liable in wrongful death for a fatal accident. For example, a child’s item of clothing could catch on fire because the manufacturer failed to meet federal standards.
• Property defect accidents. We might file a wrongful death case against a property owner who did not warn the deceased of a hazard or reasonably fix it.
• Criminal acts. We can also bring a wrongful death claim if your loved one died in a violent attack, such as a stabbing or gunfight.

These claims are complicated. We need to closely review all the facts to determine who is liable for the death. Then we can discuss next steps.

The Wrongful Death Statute of Limitations

The statute of limitations spells out the maximum amount of time to file a claim. In Indiana, the deadline is two years from the day the victim died.

Suppose your husband was killed in a drunk driving accident on July 1, 2025. The personal representative needs to file the lawsuit by July 1, 2027, otherwise it is late.

This deadline is critical. Should you go over the two-year deadline, then a judge can dismiss the case, and you will likely receive nothing from the defendant.

Damages in Wrongful Death Cases

The goal of a wrongful death claim is to seek compensation for your loved one’s death. We realize that money is a poor substitute for losing a beloved family member. Still, the defendant should pay the following to defray the cost of the death:

• Medical bills to treat your family member’s fatal injuries;
• Expenses related to burial and funeral services;
• Legal fees and costs to bring the claim;
• Costs related to administering the deceased person’s estate.

We can also request lost wages and benefits to account for what your family member would have likely earned had they survived. For example, your husband might have died at 50. He probably had at least another 15 years of work. We can request lost wages to make up for this financial loss.

Indiana prohibits any compensation for a survivor’s grief. The state also has rules limiting how much a person can receive if they are not a surviving spouse or dependent. Contact us to go over these legal rules. We can answer your questions and, if hired, start building a claim.

Get Answers by Calling Our South Bend Wrongful Death Lawyer

Our firm believes that injured victims deserve the best legal assistance available, and we gladly represent grieving family members in wrongful death claims. Call Delventhal Law Office today to schedule a consultation.