Indiana Wrongful Death Lawyer
Representing injured victims in Valparaiso, Indianapolis, and the Surrounding Communities
The Wrongful Death Lawyers at Langer & Langer Help Families Recover After Losing a Loved One
If your loved one was killed because of another party’s negligent or intentional acts in Indiana, our wrongful death lawyers may be able to help you seek damages. While filing a wrongful death lawsuit against the wrongdoer in civil court will not erase the pain of losing a loved one, it can help ensure that the party responsible for your loss is held accountable. With over 100 years of combined experience helping surviving family members win claims for damages, our law firm can help you recover compensation for the harm you have endured.
Let our wrongful death lawyers help you win financial recovery. Contact us using our convenient form below or call Langer & Langer for a free, no-obligation consultation at 219-246-4759.
What Is Wrongful Death in Indiana?
Wrongful death occurs when a person loses his or her life because of the negligent, reckless, or malicious actions of another person or entity. The most common type of wrongful death lawsuits are brought by the loved ones of people who are killed in car accidents, motorcycle accidents, pedestrian accidents and truck accidents. Incidents involving medical malpractice, premises liability and other deadly personal injury accidents frequently give rise to wrongful death actions as well, however. In Indiana, there is an important distinction between fatalities that are caused by personal injury incidents and deaths that are caused by medical malpractice. The rights of survivors vary, depending on the cause of death and the relationship with the deceased.
Common Causes of Fatal Injuries in Indiana
- Cardiology malpractice
- Hit-and-run accidents
- Hospital errors
- Incidents involving product liability
- Medication errors
- Motor vehicle accidents
- Physical assaults
- Surgical errors
- Uninsured motorist accidents
- Workplace accidents
Types of Compensation in Wrongful Death Cases
In Indiana, the personal representative of the deceased person’s estate must be the one to file a wrongful death lawsuit. If the case is successful, however, compensation is paid out to the eligible family members, not the estate. Surviving family members may be entitled to receive compensation for:
- Funeral and burial expenses
- Loss of benefits
- Loss of companionship
- Loss of household services
- Loss of protection and guidance
- Lost future earnings
- Lost income
- Medical bills
- Loss of love, care and affection
Who May Be Held Liable for Wrongful Death in Indiana?
Because wrongful death cases can arise because of numerous types of incidents, various defendants may be able to be held liable in Indiana wrongful death claims. In some cases, multiple parties might be defendants in a case. Our wrongful death lawyers will investigate your case to identify all possible defendants to ensure your settlement or jury award is maximized. Claims in Indiana are often filed against:
- Businesses
- Dangerous product manufacturers
- Doctors
- Hospitals
- Negligent drivers
- Nurses
- Property owners
- Surgeons
- Trucking companies
- Violent criminals
What Our Clients Say
“In the worst time in our life, we hired Langer & Langer to fight for justice for a wrongful death at the hospital of our son. They got justice for him and were able to give us peace. They are awesome people and really care, the whole staff was kind and courteous. I would highly suggest them for injury or wrongful death cases!”
~ Genia Mathes
Elements of a Wrongful Death Claim
Losing a loved one unexpectedly is not always grounds for a wrongful death claim or lawsuit. For a wrongful death claim to be successful, you and your wrongful death lawyer must prove that various elements are present. If any of these elements are missing, you and other surviving family members may not be able to recover compensation for your losses.
To determine whether you have grounds for a wrongful death claim, your attorney will consider if the following exist.
- Duty of Care
When evaluating your case, your wrongful death attorney will consider whether the other person or entity owed a duty of care to the deceased. In most cases, demonstrating that a duty of care existed merely involves showing that a negligent driver had the duty to drive safely or that a medical provider had the duty to provide appropriate medical care.
- Breach of Duty
Your wrongful death lawyer will also need to determine whether the wrongdoer acted as a reasonable, careful person under the facts and circumstances in your possible case. To make this determination, your attorney will look at the negligent, reckless, or malicious acts of the defendant. Did a negligent driver drive recklessly? Was a surgeon intoxicated? Did a property owner fail to provide adequate security?
- Causation
The cause of your loved one’s death must also be considered when determining whether you have grounds for a claim. It is not enough that another party was negligent and that your loved one died. A cause of your loved one’s death must be the conduct of the responsible party. There can be more than one cause.
- Damages
A wrongful death claim is intended to provide compensation to the deceased person’s loved ones. You are entitled to compensation for things such as; lost wages, funeral and burial expenses, medical expenses, and loss of love care and affection. Examples might include funeral and burial expenses, the loss of the deceased person’s income, or the loss of protection, guidance, or inheritance.
Indiana Wrongful Death FAQs
Personal representatives generally have 2 years from the date the person died to file a wrongful death lawsuit in Indiana. However, wrongful death lawyers often advise people to consult with an attorney as soon as possible, since exceptions to the statute of limitations may apply.
Who can bring a wrongful death claim or lawsuit in Indiana?
Wrongful death claims and lawsuits in Indiana must be brought by the personal representative of the deceased person’s estate. In most cases, the personal representative is an immediate family member like a spouse, parent, or adult child.
My child was killed in a shooting accident. Can I file a wrongful death claim?
Parents of minor children who were killed in accidental shootings can file wrongful death claims to recover compensation.
Call a wrongful death lawyer at (219) 464-3246 or contact us online to to see if you have a case.