When a family member dies because of someone else’s negligence, the loss is both emotional and financial. Whether the death followed a car or truck accident on a Marion County road, a preventable medical error at an Indianapolis hospital, or another form of negligence, Indiana law gives surviving family members a path to hold the responsible party accountable and recover compensation for what the family has lost.
Wagner Reese has represented Indianapolis-area families in wrongful death claims since 1997. Our attorneys handle the legal and procedural burden of a wrongful death case, including appointment of a personal representative, evidence gathering, and negotiation with insurers, so a grieving family is not forced to navigate the civil justice system alone. We invite you to reach out to our Indianapolis personal injury attorneys for a free, no-obligation consultation about your family’s options.
⚠ Time-Sensitive — Indiana Law Limits Your Window to File
Indiana’s Wrongful Death Statute Gives You 2 Years From the Date of Death to File
Wagner Reese has represented Indianapolis families in wrongful death claims since 1997. We work on a contingency fee basis, and there is no attorney fee unless we recover compensation for your family.
How Indiana Wrongful Death Claims Work
A wrongful death claim is a civil action brought on behalf of a deceased person’s estate when the death resulted from another party’s negligence, recklessness, or intentional conduct. Indiana’s wrongful death statute, Indiana Code § 34-23-1-1, allows the personal representative of the deceased person’s estate to file the claim and pursue compensation on behalf of surviving family members. The personal representative is typically named in the decedent’s will or, if there is no will, appointed by a probate court.
Unlike a personal injury claim, a wrongful death claim is not filed directly by the surviving family members themselves. Instead, any compensation recovered passes through the estate to the family members entitled to it under Indiana law, which generally includes a surviving spouse, dependent children, and dependent next of kin.
Who Can Recover Compensation in an Indiana Wrongful Death Case?
If you are unsure whether you or a family member qualifies to bring a claim, our attorneys can review the details of your situation and explain your options at no cost.
Common Causes of Wrongful Death Claims in Indianapolis
Wrongful death claims can arise from almost any type of preventable incident, but two categories account for many of the fatal cases our firm handles. Fatal car and truck accidents remain one of the leading causes of preventable death in Marion County, often involving distracted driving, impaired driving, speeding, or a commercial vehicle operating outside of federal safety regulations. These cases frequently involve multiple potentially liable parties, including the at-fault driver, an employer, or in some cases a vehicle manufacturer.
Fatal medical malpractice is another leading cause of wrongful death, resulting from errors such as a missed or delayed diagnosis, a surgical mistake, a medication error, or a hospital-acquired infection. These claims require a board-certified medical consultant to review whether the treating provider’s care fell below the accepted standard, and whether that breach caused the patient’s death.
Other causes of wrongful death our attorneys handle in Indianapolis and throughout Indiana include:
Premises Liability
Workplace & Construction Accidents
Defective Products & Medical Devices
Nursing Home Neglect & Abuse
Jail & Prison Deaths
Fatal Birth Injuries
Daycare & Drowning Incidents
Fatal Sexual Abuse
Whatever the underlying cause, our attorneys investigate the facts thoroughly to identify every party who may share responsibility for your family member’s death.
What Compensation Can Be Recovered in an Indiana Wrongful Death Case?
Indiana law allows a personal representative to pursue several categories of damages on behalf of the surviving family. The amount recoverable in any individual case depends on the facts, including the decedent’s age, income, and family circumstances.
| Damage Type | What It May Cover |
| Medical expenses | Treatment costs incurred between the injury and the death |
| Funeral and burial costs | Reasonable expenses associated with the funeral and burial |
| Lost financial support | Income and benefits the family member would have provided |
| Loss of care and companionship | The value of the guidance, care, and companionship the family has lost |
| Attorney fees and costs | May be recoverable as part of the overall award in certain claims |
Indiana also places limits on certain categories of damages depending on the circumstances of the case. For an adult decedent who was unmarried and had no dependent children, non-economic damages may be capped, while claims against a government entity are subject to a separate statutory cap regardless of the family’s actual losses. Wrongful death claims arising from medical malpractice are also subject to Indiana’s medical malpractice damages cap. Because these limits vary by case type, an attorney can explain which caps, if any, may apply to your family’s claim.
Statute of Limitations for Indianapolis Wrongful Death Claims
Under Indiana Code § 34-23-1-1, a wrongful death claim generally must be filed within two years from the date of death — not the date of the underlying injury, diagnosis, or accident. This distinction matters most in cases involving a delayed death, such as a person who survived for weeks or months after a car accident or a missed diagnosis before ultimately passing away. The wrongful death clock runs from the date the family member died, and Indiana courts have applied this rule strictly, with almost none of the exceptions that pause deadlines in other types of civil cases.
If the underlying cause of death was medical malpractice, the analysis can be more complex. The Indiana Medical Malpractice Act imposes its own occurrence-based filing requirement tied to the date of the negligent act, and Indiana courts have addressed how that requirement interacts with the wrongful death statute’s date-of-death trigger in cases where the two deadlines conflict. Because these overlapping deadlines can be difficult to sort out on your own, especially soon after a family member’s death, contacting an attorney promptly is the safest way to protect your family’s right to file.
How the Wrongful Death Filing Timeline Works
How Wagner Reese Approaches a Wrongful Death Case
Every wrongful death case begins with a free, no-obligation consultation, where our attorneys listen to what happened and explain the legal options available to your family. From there, our team opens an independent investigation, which may include obtaining police or incident reports, medical records, employment and safety records, and, in medical malpractice cases, an opinion from a board-certified medical consultant in the relevant specialty.
We handle the estate and probate coordination required to identify or confirm the personal representative, manage all communication with insurance adjusters and defense counsel, and prepare every case as though it may need to go to trial. Wagner Reese represents wrongful death claims on a contingency fee basis, meaning your family pays no attorney fees unless we recover compensation on your behalf.
What Should Family Members Do After an Unexpected Death?
The days after losing a family member are overwhelming, and the choices made early on can affect a future wrongful death claim. In general, family members should:
Obtain the Death Certificate
Request Official Records
Avoid Recorded Statements
Contact a Wrongful Death Attorney
Frequently Asked Questions About Wrongful Death Claims in Indianapolis
Losing a family member to another party’s negligence is one of the most difficult experiences a family can face, and no settlement can undo that loss. What a wrongful death claim can do is hold the responsible party accountable and provide the financial support your family needs going forward, including funeral costs, lost income, and compensation for what your family has lost. Wagner Reese has represented Indianapolis-area families in wrongful death cases for nearly three decades, and you can learn more about our firm and attorneys here.
If your family is considering a wrongful death claim, do not wait to speak with an attorney. Contact Wagner Reese online or call 888-204-8440 for a free, no-obligation consultation. There is no attorney fee unless we recover compensation on your family’s behalf.
