Losing a loved one in a sudden and preventable way is one of the most heartbreaking experiences any family can endure. When negligence or misconduct leads to a loved one’s passing, pursuing legal action may feel overwhelming amidst grief. However, filing a wrongful death lawsuit in Indiana can provide not only financial relief but also a sense of justice for your loss.

If you’re considering this step, this guide will walk you through everything you need to know—from understanding the legal definition of wrongful death in Indiana to how damages are calculated, and the role of an attorney in pursuing your claim.

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Understanding Wrongful Death in Indiana

Wrongful death occurs when someone dies due to another party’s negligence, recklessness, or intentional misconduct. Under Indiana law, this is clearly defined by the Indiana Wrongful Death Act (Indiana Code § 34-23-1-1 and § 34-23-1-2).

Essentially, if a fatal accident or catastrophic event could have led to a personal injury claim had the individual survived, then their family or estate may file a wrongful death claim. Common negligence examples include unsafe driving, slip and fall, construction, trucking or medical malpractice.

Who Can File a Wrongful Death Claim?

Under Indiana law, only specific individuals can initiate a wrongful death claim. The following parties are typically eligible:

The personal representative of the deceased’s estate.
Parents or guardians if the deceased is a child.
Spouses and dependents, who may be heavily impacted by the loss.

The personal representative plays a critical role in filing the lawsuit on behalf of beneficiaries, such as surviving family members who may receive compensation for economic and emotional losses.

Common Causes of Wrongful Death

Wrongful death may arise from a wide range of situations, but some of the most common include:

Catastrophic Traffic Accidents: Car crashes, truck accidents, or collisions involving intoxicated drivers.
Medical Malpractice: Misdiagnoses, surgical errors, or failure to provide adequate care.
Defective Products: Faulty designs or manufacturing defects leading to fatal injuries.
Workplace Accidents: Cases involving unsafe conditions or violations of safety regulations that lead to fatalities.
Premises Liability: Fatal accidents caused by unsafe property conditions, including slips, falls, or drowning in property pools.

The Legal Process for Filing a Wrongful Death Lawsuit

Filing a wrongful death lawsuit involves clear steps that, while complex, can be simplified with the assistance of an Indiana wrongful death attorney. Here’s an outline of what the process typically looks like:

Appoint a Personal Representative (if not already in place): This individual will file the claim on behalf of the deceased’s estate.
Investigate the Circumstances: Evidence collection is essential. This can include police reports, photos and videos, medical records, eyewitness accounts, and expert opinions.
File the Claim in Court: A formal complaint is filed in civil court stating how the defendant was negligent.
Negotiate Settlement: Many cases settle before reaching trial. Your attorney will advocate for full and fair compensation.
Trial (if necessary): If a settlement isn’t reached, the case proceeds to court, where a judge or jury will decide.

Damages and Compensation in Indiana Wrongful Death Cases

Damages awarded in wrongful death cases are meant to address both economic and non-economic losses. Here are common types of damages you may recover:

Economic Damages

Medical expenses incurred prior to death.
Funeral and burial costs.
Lost income and financial support for dependents.

Non-Economic Damages

Loss of companionship, love, and emotional support from the deceased.
Mental anguish experienced by surviving family members.

Punitive Damages

Intended to punish the responsible party if their actions were particularly reckless or egregious.

Statute of Limitations in Indiana

Time is critical when filing a wrongful death lawsuit. Indiana usually imposes a two-year statute of limitations (Indiana Code § 34-11-2-4) from the date of the deceased’s passing. Missing this deadline may result in losing the right to seek justice for your loss.

However, some exceptions may apply depending on the specific circumstances of your case. Speaking with a wrongful death lawyer in Indianapolis as soon as possible ensures you don’t miss this crucial window of opportunity.

The Role of a Wrongful Death Attorney

Navigating a wrongful death lawsuit can feel overwhelming during an emotionally challenging time. A compassionate and experienced attorney can significantly ease the burden by:

Handling the legal process while you focus on healing.

Investigating the case thoroughly to collect evidence and document a strong argument and case.
Negotiating with insurance companies to secure the maximum compensation possible.
Representing you in court if the case proceeds to trial.

Ultimately, a wrongful death attorney serves as your advocate, ensuring your family’s rights are protected every step of the way.

Finding Hope Amid Loss

The emotional toll of losing a loved one to a wrongful death is immeasurable, and no amount of compensation can fill the void left behind. Yet, pursuing a wrongful death lawsuit can help lighten the financial burdens, provide a sense of justice, and hold negligent parties accountable.

If you believe you have a claim or are unsure where to start, consider contacting an experienced Indiana wrongful death lawyer. They can guide you with professionalism and compassion, helping you achieve the closure and support your family deserves.

You don’t have to face this alone—empower yourself with the right legal resources and a strong team on your side. Contact Craven, Hoover & Blazek, P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned wrongful death lawyer in Indianapolis, Indiana. We offer a no-cost, zero risk solution to our clients by working on contingency-fee agreements. This means you will not pay us unless we are able to win an award or obtain a settlement for you. We have collected millions and millions of dollars in settlements and jury verdicts for our clients over the last 30 years. Do not wait – act now while you still have time!

Do you know how much compensation you can receive for your recent Indiana workplace injury? Continue reading to find out.

Workers' Compensation Lawyers 317-881-2700 — Indianapolis Workplace Injury Lawyers 317-881-2700

Facts For Injured Workers

Here in Indiana, those injured at work are entitled to a certain set of benefits, all of which are incredibly necessary and valuable to the overall recovery of an injured worker. Among the benefits available to injured workers, compensation for wage replacement and medical treatment are the most vital. Many injured workers wonder how much compensation they are owed for their workplace injury claim in Indiana, but the answer varies depending on a wide range of legal factors. Most often, workplace injury claim settlements are influenced by the nature of the victim’s injuries, the extent of their permanent limitations as a result of the workplace accident, their capacity to return to the work field, and much more.

In Indiana Injured Workers Can Receive Benefits For:

➤ Lost Wages
➤ Permanent Disability
➤ Wrongful Death
➤ Medical Treatment
➤ Vocational Rehabilitation
➤ Gas Mileage For Doctors Appointments (depends on conditions)

For a better understanding of how workers’ compensation settlements might be calculated, you must discuss your particular claim with a trusted and experienced Indiana workers compensation lawyer.

Workers’ Compensation Limitations

Although Indiana provides financial relief for injured workers, there are still certain degrees of limitations set on the amount of benefits an injured worker can receive. In fact, starting in July 2016, Indiana enacted a new law that set a maximum weekly worker’s compensation payout of $780 per week. Furthermore, certain types of damages and losses might not be compensated under worker’s compensation law, such as pain-and-suffering or mental anguish.

Temporary Disability Benefits

When an injured worker is recovering from their injuries, they can receive temporary disability benefits since they are temporarily disabled as a result of the workplace accident. In Indiana, there are two types of temporary disability benefits and injured worker might be eligible for: Total Temporary Disability (TTD) and Partial Temporary Disability (PTD).

Total Temporary Disability (TTD) – These benefits make up two-thirds of an injured worker’s average weekly pay. Injured workers continue to receive total temporary disability until they return to work in any scope, achieve maximum medical improvement (MMI), neglect to appear for doctor’s examination ordered by the insurance company, refuse a reasonable job offer, or reach 500 weeks of benefits.

Partial Temporary Disability (PTD) – These benefits are granted to injured workers in the case that they can return to work, but are unable to make the same wages as they did prior to the workplace accident. They make up two-thirds of the difference between a worker’s pre-injury and post-injury earnings. An injured worker can receive up to 300 weeks of partial temporary disability benefits.

Take note that temporary disability benefits are not paid for the first week unless an injured worker must take at least three weeks off work. If you feel that the insurance company cut off disability benefits too early, contact an Indiana workers compensation attorney right away.

Permanent Disability Benefits

Aside from temporary disability benefits, an injured worker might further be entitled to permanent disability benefits. Similar to temporary disability benefits, Indiana provides two distinct types of permanent disability benefits: Permanent Total Disability (PTD) and Permanent Partial Impairment (PPI).

Permanent total disability (PTD) benefits are granted when an injured worker’s resulting condition prevents them performing any type of work. They are two thirds of a worker’s average weekly pay, but only up to the state maximum benefit. In fact, they would be the same as their temporary total disability (TTD) benefit. These benefits are not considered until an injured victim’s doctor determines they have reached maximum medical improvement (MMI). Maximum medical improvement is when an injured person can no longer improve their condition with further medical treatment.

Indiana provides two forms of Permanent partial impairment (PPI) benefits: Scheduled Loss Benefits and Unscheduled Benefits. Injured workers are entitled to permanent partial impairment benefits whether they lose time off work or experience a decrease in earnings. PPI benefits are paid in addition to 125 weeks of total temporary disability (TTD) benefits, however, TTD benefits paid over 125 weeks are deducted from PPI payments. Like permanent total disability benefits, PPI benefits are not considered nor eligible until a patient reaches maximum medical improvement. Stay tuned for an upcoming blog that will cover scheduled and unscheduled workers compensation losses in further detail.

Wrongful Death Benefits

In the case that a workplace accident results in a worker’s wrongful death, their immediate family or dependents are entitled to certain wrongful death benefits in Indiana. Payout for wrongful death benefits are equivalent to two-thirds of a worker’s average weekly pay, or up to the state’s maximum, and they can be paid up to 500 weeks.

How to Calculate Your Workplace Accident Claim Benefits

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed workplace injury lawyer in Indianapolis, Indiana. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the compensation you deserve after being injured at work. We represent injured workers throughout the State of Indiana. Best of all, we only collect lawyer fees if we obtain a settlement or judgment for you!

Craven, Hoover, & Blazek P.C.

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