Wrongful Death


Losing a loved one is one of the most difficult challenges a person can face in a lifetime. Although all deaths are painful, the experience is even more devastating when your family member is killed due to someone else’s negligence.

crossen testimonial This kind of death is categorized as a wrongful death because it occurred as a result of someone else’s behavior. This is why you may need a wrongful death attorney. Indianapolis is home to Crossen Law Firm, who is reliable to get you the compensation you deserve.

During such distressing times, you need someone to turn to who can help you fight for justice on behalf of your relative and who can help you obtain fair compensation for your loss. Pursuing a wrongful death case is about more than just compensation. It’s about seeking justice for the wrongful death victim and their family.

When you reach out to Crossen, our legal team will have your best interests in mind. Our Indianapolis wrongful death lawyers are committed to doing whatever it takes to see that you receive the compensation you deserve.

To set up a free, no-obligation consultation with a skilled Indianapolis wrongful death lawyer, dial (317) 401-8626 today or contact us online.

Wrongful Death Claims in Indianapoliswrongful death

In Indiana, wrongful death refers to the situation where one person’s death is caused by the wrongful act or omission of another. When this occurs, a personal representative of the deceased’s estate may file a lawsuit on behalf of the family members who are suffering the loss of their loved one. These cases are similar to personal injury lawsuits with the difference being that the injured party has died, requiring the claim to be brought on his or her behalf.

An experienced attorney will be able to answer questions about your specific case and the details surrounding the death of your loved one. Wrongful death claims can arise in connection with a wide range of fatal accidents and personal injuries.

The Most Common Causes of Wrongful Deaths

Car Accidents

Car accidents are a very common cause of wrongful death. A car accident may be caused by unsafe and irresponsible drivers who are intoxicated, distracted, or otherwise reckless on the road. In these circumstances, file a claim to hold the other drivers or drivers involved in the car accident accountable. A wrongful death caused by a motor vehicle accident is an incredibly painful experience for loved ones left behind.

Bicycle Accidents

Bicycle accidents may be caused by reckless drivers, too, or even people with road rage against cyclists who are obeying the rules of the road. An insurance provider may only pay out a small amount; a lawyer can help you get the money you deserve. In a car accident involving a bicycle, the bike rider is at a significant disadvantage, and they have a higher likelihood of serious injury or death.

Construction Accidents

Construction accidents occur when companies fail to protect their workers through appropriate safety measures. When a wrongful death occurs because of this kind of failure, a wrongful death case can not only help you get justice, but it may also protect future workers by forcing employers to do a better job.

Workplace Accidentswrongful death attorney indianapolis

Workplace accidents are not limited to construction sites. They can include being injured in a car accident, being struck by objects, machinery accidents, explosions, chemical exposure, workplace violence, and slip and falls. When workplace accidents cause a personal injury so great that the victim dies, either right away or in the days and weeks after, the employer may be held liable.

Medical Malpractice

Medical malpractice comes in many forms, including misdiagnoses, late diagnoses, anesthesia errors, unnecessary surgery, and other medical errors. Hospital errors and mistakes by other medical providers can be deadly, and the responsible party should pay compensation to the victim’s survivors. Medical malpractice cases require thorough investigation to determine what led to your loved one’s death.

Motorcycle Accidents

Motorcycle accidents are frequently caused by unsafe drivers, but they can also be caused by a city, state, or a government entity that fails to maintain safe road conditions. Any motorcycle accident leading to a death should be investigated thoroughly to determine what happened and to determine if the victim’s family can prove negligence of another party.

Pedestrian Accidents

Pedestrian accidents are senseless tragedies. In 2022, there were 40 pedestrians in Indianapolis who were killed in motor vehicle accidents. Many of these deaths were the result of a driver’s wrongful acts, such as failing to pay attention to the road or driving recklessly.

Truck Accidents

Truck accidents can have multiple liable parties, including semi-truck drivers, trucking companies, governments that fail to maintain safe roads, and businesses that fail to secure cargo loads or maintain the truck.

Slip and Falls

Slip and falls are often categorized as personal injury cases, but they can become a wrongful death suit when they are serious enough that the person dies. When a fall is caused by someone else’s negligence, such as a person who fails to repair dangerous sidewalks or appropriately mark wet floors, the negligent party may be liable for the death.

State legislation defines which circumstances constitute a wrongful death as well as who is eligible to receive monetary damages if a wrongful death claim is proven. In Indiana, the Wrongful Death Act provides legislative guidance for how to pursue a wrongful death case on behalf of a deceased person.

Keep in mind that other laws may also come into play, such as Indiana’s Medical Malpractice Act. Indianapolis wrongful death attorneys will know the ins and outs of every law related to wrongful death lawsuits, and they can answer all of your questions and give legal advice about your next steps.

Individuals who are given preference to recover wrongful death damages in Indiana include:

  • Spouses
  • Dependent children
  • Dependent next of kin
  • Surviving parents of a minor victim

If none of the above family members are present, then the deceased person’s parents and siblings may be able to pursue maximum compensation. Surviving family members can check with a wrongful death lawyer to determine if they are eligible to seek compensation. Knowledgeable Indianapolis wrongful death lawyers know exactly who can and cannot collect damages.

Fair compensation can include medical bills, burial costs, pain and suffering, and other economic and non-economic costs related to your loved one’s death.

Damages in Indianapolis Wrongful Death Cases

A wrongful death claim is a civil lawsuit with liability being expressed solely in terms of monetary damages, though it may be pursued at the same time as a criminal case based on the same events. For example, if a person’s death is caused by a collision involving a drunk driver, the estate of the deceased may pursue a wrongful death claim at the same time as the state’s criminal case against the defendant under vehicular manslaughter law.

Damages awarded in an adult wrongful death claim may include:

  • Funeral and burial expenses
  • Final medical bills of the deceased, including emergency transport and hospital expenses
  • Lost wages and future income of the deceased
  • Loss of love and companionship
  • Legal costs of pursuing the wrongful death lawsuit
  • Costs to the surviving family of administering the estate

If the lost loved one was a child, additional damages may be awarded including:

  • Costs of the child’s services
  • Costs of psychiatric and psychological counseling for parents or siblings struggling with the death
  • Uninsured debts of the child for which a parent is obligated

Who Can File a Wrongful Death Claim?

According to Indiana law, a wrongful death is “the death of one is caused by the wrongful act or omission of another.” Indiana law states that a personal representative of the deceased’s estate may file a claim. Often this person is determined in the will of the deceased. If such a person does not exist, the court can appoint one. In claims that involve the death of a child, however, a wrongful death claim must be filed by the child’s parents.

Frequently Asked Questions About Wrongful Deaths

It’s normal to have a lot of questions about your wrongful death case. Whether you have already filed a wrongful death lawsuit or are considering one, your wrongful death lawyer should be able to answer all of your questions for you.

In the meantime, these are some of the most common questions we hear from our clients.

What is a wrongful death lawsuit?

wrongful death attorney

A wrongful death lawsuit is a civil action brought by the surviving loved ones of someone who died due to the negligence or misconduct of another person or entity. The lawsuit seeks compensation for the survivors’ loss.

What types of incidents lead to wrongful death lawsuits?

Common causes include medical malpractice, car accidents, workplace accidents, defective products, nursing home abuse, and other acts of negligence. An Indianapolis wrongful death attorney can assess the circumstances.

What damages can be recovered in a wrongful death case?

Typical damages include funeral and burial costs, medical expenses incurred at the end of life, loss of financial support, loss of benefits, loss of companionship, and pain and suffering. An experienced Indianapolis wrongful death lawyer will seek full compensation for more than just medical bills. Your financial security should not be jeopardized because of someone’s negligence.

Are funeral arrangements covered when a wrongful death occurs?

Yes, funeral expenses are taken into consideration when calculating damages from a sudden death.

Is there a time limit for filing a claim?

Yes, these claims must be filed within the statute of limitations set by each state, usually 1-3 years from the date of death. In Indiana, this time frame is 2 years from the date of the victim’s death. This is the same statute of limitations as any other personal injury case. In the event of a minor’s sudden death, you may have some additional time to file a case.

How long do wrongful death cases take?

12-24 month wrongful death lawsuit

It depends on the complexity of the case. On average, resolving a wrongful death lawsuit takes 12-24 months. Knowledgeable personal injury lawyers can guide clients through the legal process.

Do I need a lawyer to file a lawsuit?

Yes, these cases can become complex. An Indianapolis wrongful death attorney has the expertise to investigate claims, determine viable defendants, establish negligence, and pursue full financial recovery through settlements or trial verdicts. Wrongful death attorneys make sure that the case moves more smoothly from start to finish. If you are looking for a wrongful death attorney, Indianapolis Crossen Law Firm is here to help you.

How are wrongful death lawyer fees structured?

Most work on a contingency fee basis, taking a percentage (30-40%) of the final settlement or award. No upfront payment is required, and clients pay nothing if no compensation is obtained. At Crossen, we don’t take a penny until we have won your case.

Is an accidental death a wrongful death?

No, not necessarily. For a death to be considered a wrongful death, it must involve negligence, misconduct, or an intentional act by another party that leads to the death.

A death being accidental does not automatically make it a wrongful death under the law. The key determination is whether the actions (or inaction) of another person or entity were responsible for the accident and resulting death.statute of limitations

For example, if someone dies in a car accident caused by a drunk driver, this would be considered a wrongful death because the drunk driver’s negligence led to the death. But if someone dies in a car accident that was a true accident not caused by any negligence or misconduct, it would not be a wrongful death – even though the death was accidental.

Wrongful death attorneys have an important job: proving to the insurance company or the courts that a negligent party’s actions resulted in the victim’s death. If it was just an unavoidable accident with no culpable party, there would be no valid claim, even though the death was accidental. Consulting an experienced wrongful death attorney is advisable to evaluate potential wrongful death cases. If you are in need of a wrongful death attorney, Indianapolis Crossen Law Firm is the most reliable option.

Indiana Statute of Limitations: Don’t Wait Until It’s Too Late

You must file a wrongful death lawsuit within two years of the death of your loved one. If you try to bring up a case after this time, the party who is liable can request that the judge dismiss the case. If you have lost your loved one due to another’s negligence, do not delay contacting our Indianapolis wrongful death attorney. The sooner you reach out to the Crossen law office, the sooner we can start working to obtain the compensation you need to cover medical costs, funeral expenses, and lost earnings.

Contact a Wrongful Death Attorney at Crossen Law Firm

recommend crossen testimonial You deserve to work with a team of Indianapolis wrongful death attorneys who are knowledgeable, experienced, and compassionate. The attorneys at our law office have decades of combined legal experience, and we only charge attorney fees when we win your claim.

Discuss your situation with a team of qualified wrongful death lawyers today in a free consultation, when you call (317) 401-8626.


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