Indianapolis Wrongful Death Lawyers
You deserve to get paid for your loss
You shouldn’t have to go through this alone.
There is nothing harder in life than the death of someone you love too soon. It’s even harder when you know someone else was at fault for their death and your pain.
You shouldn’t have to go through this alone. Nothing can bring them back, but you deserve to be compensated for your pain and loss. If you have lost a loved one, our experienced Indianapolis wrongful death lawyers are here for you.
Our wrongful death attorneys are here for you every step of the way.
You have enough going on right now. Don’t let the stress of trying to recover from an insurance company be another thing on your plate. We’ll handle your wrongful death claim and get the compensation you deserve. Here’s how to get started.
1. Free Consultation
Get a Free Case Review from our Indianapolis wrongful death lawyers. Call today. Time is of the essence.
2. Hire our Team
3. Focus on Healing
We understand the pain you’re experiencing. We’ve worked with many people grieving the loss of someone they love. We’re here for you.
What our clients are saying
“I have had the pleasure of using the Garrison Law Firm. They are very respectful and professional. If you are looking for someone who treats you like a person not a means of income then they are the Law Firm for you.”
Indiana Wrongful Death Lawyers
We are so sorry for your loss. This is a day you never imagined would come, but here you are. For most people in your position, it’s hard to think about recovering compensation for the wrongful death of a loved one. The reality is, nothing can make the pain you feel go away.
Still, it is ok to seek compensation for your loss. You deserve to be compensated. There are going to be expenses coming for funeral costs, medical bills, and more. You shouldn’t have to bear that financial burden.
Our Indianapolis wrongful death attorneys have been working with people just like you for over 40 years. We can help you get the compensation you deserve.
We’re a large enough law firm with the experience necessary to handle any wrongful death case that comes our way. Still, we’re a small enough law firm to ensure you don’t get lost in the mix. You should get the personal attention you need right now, not get lost in the mess of case files large firms have stacked up.
Call today for a free consultation and find a compassionate and caring legal team ready to walk you through this difficult time to get you the compensation you deserve.
The GLF Promise
When working with our personal injury team you can expect
prompt responses and clear communication from our injury team.
a clear explanation of the legal process for your case.
our injury team to be your advocate, listen to you, and be for you.
someone who will always listen to you and work to reduce the burden of the situation in your life.
our injury team to protect you, your interests, and your rights while doing everything in our power to earn the outcome you deserve.
to have input and consent on decisions made in your case.
Indiana Wrongful Death Frequently Asked Questions (FAQ)
Our Indianapolis wrongful death attorneys field a lot of questions throughout the course of a case. Here are some of the most common questions our clients ask our team.
What is a wrongful death?
A wrongful death is when a death is “caused by the wrongful act or omission of another” according to Indiana Code 34-23-1.1
What is the statute of limitations on a wrongful death case in Indiana?
Who can file a wrongful death claim in Indiana?
This question requires that you consult a lawyer to fully explore possibilities.
When is it necessary to file a wrongful death lawsuit?
What are common causes of wrongful death claims in Indiana?
A wrongful death can be the result of many types of accidents. Some of them include:
- Car accident
- Semi accident
- Motorcycle Accident
- Airplane accident
- Train accident
- Bar fight with an over-served and unruly patron
- Animal attack
- Attack by a person under the legal supervision of someone else
- Construction accident
- Medical negligence
- Employment accident
- or a host of other causes
Other injury cases we handle
Our law firm handles a wide variety of other personal injury cases. Here is a list of the most common types of cases we handle.
Meet Your Indianapolis Personal Injury Team
Types of Damages in a Wrongful Death Case
Damages in a wrongful death claim usually fall into three categories.
First, personal injury damages the decedent suffered after the accident until he or she passed away. This period could be a few hours to several days. The family can recover for the decedent’s pain and suffering also recover for the decedent’s lost wages and medical bills incurred while the person was still living.
Second, reasonable funeral and burial expenses are also recoverable. Expenses such as the cost of cremation, an urn, embalming, and the cost of a casket, memorial marker, funeral home and minister’s fees for memorial/burial services, and other related expenses.
Third, the last major category of damages involves losses for family members that are entitled under various Indiana statutes. Depending on statutory classifications, families are able to recover for future lost wages and loss of companionship to a spouse or love and affection from a child.
How does Indiana law govern wrongful death cases?
Adult deaths by the negligent or other wrongful act of another. They can only receive damages through a personal representative brought in a court with jurisdiction over such matters. That means opening a probate proceeding for that purpose.
Adults who die without dependents by the wrongful act or omission of another. They may not, through their personal representative, have damages paid beyond medical bills, funeral expenses, attorney fees, and other costs of the last illness or death.
So, if a person dies wrongfully, say in a car wreck, but he or she died without a spouse, dependent children, or dependent adult (like maybe a disabled sibling he or she was supporting), all that can be collected from the party sued will be those expenses. However, if such a person is survived by a parent, then the parent(s) may recover up to $300,000 for the loss of love and affection of the adult child.
The person that died was survived by a spouse, children, or other dependents, whether adult or minor.
The personal representative may bring an action for such damages as can be proven to the Court. So, lost income expected in the future. Also, any damages that the deceased person would have been able to collect from the person responsible had he or she instead survived. That would include pain and suffering resulting from the events if the person lingered for a period of time before dying.
If the victim is an unmarried child without dependents, and the child is under 20, or under 23 and enrolled in
- A postsecondary educational institution
- A career and technical education school
- A program that is not a postsecondary educational program
In this scenario, the parents may directly bring an action for wrongful death of the minor without a probate estate for the following reasons:
- Loss of the child’s services
- Loss of love and companionship
- Expenses of hospitalization
- Funeral and burial expenses
- Psychiatric and psychological counseling of the surviving parents and minor siblings
- Uninsured debts of the child
- Costs of administration of the child’s estate
These issues – adult, child, married, single, dependents, school enrollment – all move the case around to different parts of the wrongful death statutes that may limit the recoveries.
Often, it can take an experienced lawyer to figure out exactly where a case fits within this statute. Fault of the wrongdoer may also be compared to the comparative fault of the decedent and can limit or deny recovery. All this must be overlaid with any applicable insurance coverages and policy limits before the value of the case can be estimated.
In rare cases, there are no limits to what can be recovered:
- If the decedent falls within one of the statutes that do not have a cap on the recovery amount
- If there is either high insurance coverage limits or a large corporate defendant
- The decedent shares no fault in the negligence
Again, such cases are rare. So, maximizing recovery requires and experienced legal help.
As you can see, the rules governing what may be recovered for wrongful death claims are complicated. Now with all those rules in mind, key tasks include:
- Finding a good accident reconstructionist
- Gathering police reports
- Opening an estate when necessary
- Beginning timely work on case preparation
It is our experience that loved ones who might help are also dealing with crippling grief. At the same time, they’re attending to various personal family matters and arrangements. Not to mention trying to cope with financial consequences.
Personal emotional recovery is aided by having legal counsel. Let us deal with the legal issues of both the wrongful death case and any other probate issues.
So, the whole business is not just tragic and life-changing, it is full of difficult issues to manage. If you have questions or concerns about either wrongful death claims or a probate issue let us know. We are ready to assist in any way possible.