Losing a loved one because of someone else’s carelessness changes every part of a family’s life. An Indianapolis wrongful death attorney can help your family pursue accountability against the responsible person or company through the civil court system.
Trying to handle a wrongful death claim on your own can make an already devastating situation even harder. That’s especially true when the at-fault party’s insurance company moves quickly to pressure your family before you understand the full value of the claim.
Yosha Law helps families in Indianapolis pursue wrongful death claims with care, clarity, and a strategy built around the facts of the case. Call our Indianapolis office at (317) 334-9200 or contact us online for a free, confidential case review.
Why Choose Yosha Law for Your Indiana Wrongful Death Claim
Yosha Law has been a pillar of the Indianapolis legal community for decades, dedicating our practice to helping families facing difficult circumstances.
172 Years of Combined Legal Experience
Our attorneys bring a formidable depth of knowledge to every case. With over a century of combined experience and more than 100 verdicts, our team has a long history of successfully handling complex wrongful death claims.
Rooted in Indianapolis
We’re not a national firm that simply advertises here in Indy; we’re Indiana lawyers who live and work in the communities we serve. From our office near Monument Circle, we understand the local court systems in Marion County and the surrounding areas.
Whether an accident occurred on a dangerous stretch of I-465 near White River State Park or in a quiet neighborhood in Broad Ripple, our team has the local familiarity to investigate the details that matter.
Focused on Your Family’s Needs
We know that the legal process is the last thing you want to think about right now. Our goal is to lift the legal weight from your shoulders so you can focus on healing. We manage every communication, document, and deadline, providing clear updates and straightforward advice every step of the way.
Call Yosha Law at (317) 334-9200 or complete our online form to connect with our Indianapolis legal team.
What Qualifies as a Wrongful Death Claim in Indiana?
A wrongful death claim arises when a person dies due to the legal fault of another person or entity. This fault is most often based on negligence, which simply means someone failed to act with reasonable care, and that failure caused the death.
This can happen anywhere, from a major crash on the I-65/I-70 split in Indianapolis to an incident at a local business in Fountain Square.
To have a valid claim, your Indianapolis wrongful death attorney must show that a breach of duty directly led to the death, and that the death caused specific damages to the surviving family members.
Some of the most common events leading to these claims include:
- Motor Vehicle Accidents: This includes crashes caused by distracted, drunk, or speeding drivers, as well as by commercial truck drivers who violate federal safety regulations.
- Pedestrian Accidents: Some wrongful death cases involve drivers who strike people in crosswalks, intersections, parking lots, or along roadways.
- Bicycle Accidents: These crashes often happen when drivers fail to share the road, turn into a cyclist’s path, open a car door into a bike lane, or pass too closely.
- Workplace Accidents: These often involve construction site falls, heavy machinery malfunctions, or other on-the-job incidents where an entity other than the employer is at fault.
- Premises Liability: Situations where a property owner’s failure to maintain a safe environment, such as by not fixing a known hazard or providing adequate security, leads to a death.
Who Can Be Held Responsible in an Indiana Wrongful Death Claim?
Finding out who caused a wrongful death is one of the first and most important parts of the case. In some situations, fault is straightforward, such as when a driver runs a red light and causes a fatal crash. In others, responsibility may involve several people or companies, which makes the investigation more involved.
Our job is to identify every party whose actions contributed to your loved one’s death and build a case that shows how their conduct caused the loss. To do that, we gather police reports, witness statements, medical records, crash evidence, and other key evidence.
We may also work with qualified professionals who can explain how the death happened and why the at-fault party should be held responsible.
Who Files the Wrongful Death Claim?
Indiana wrongful death claims must be filed by the personal representative of the deceased person’s estate. That person may already be named in a will. If not, the court can appoint someone to serve in that role.
The personal representative brings the claim on behalf of the surviving beneficiaries, which may include a spouse, dependent children, or other dependent next of kin. They also handle any settlement or recovery according to Indiana law.
Our Indianapolis wrongful death attorneys help families through this process so the case can move forward without unnecessary delay. That includes helping with the appointment of a personal representative when needed and handling the legal steps that come with the claim.
Protecting Your Family’s Financial Future After a Wrongful Death
While no amount of money can replace your loved one, a successful wrongful death claim can provide financial stability for your family’s future. Indiana law allows families to pursue compensation for specific economic losses, also known as pecuniary injuries.
Our Indianapolis wrongful death lawyers work closely with financial experts to calculate the full extent of your family’s losses. We look beyond the immediate bills to project the long-term financial impact.
The primary goal of a wrongful death action is to compensate the family for direct financial harm. We work to document every loss and present a clear picture of the economic consequences of your loved one’s death.
Your family may also be able to recover compensation for less tangible losses that have a deep personal impact. An experienced wrongful death lawyer in Indianapolis knows how to value these non-economic damages.
Recoverable damages may include:
- Loss of Financial Support: This includes the wages, income, and other earnings your loved one would have provided for the family over their expected lifetime.
- Funeral and Burial Expenses: The reasonable costs associated with your loved one’s funeral, cremation, or burial services.
- Medical and Hospital Bills: Compensation for any medical care your loved one received for their final injury before they passed away.
- Loss of Companionship: This covers the loss of love, care, affection, and guidance your loved one provided to the family, especially for a surviving spouse.
- Loss of Parental Guidance: For surviving children, this damage addresses the loss of their parent’s guidance, training, and education.
Sometimes, a related legal claim known as a survival action may also be brought by the estate. This action seeks damages for the losses the deceased person experienced between the time of the injury and their death.
Protecting Your Claim From Insurance Company Tactics
Shortly after a fatal accident, an insurance adjuster from the at-fault party’s policy will likely contact you. They may sound caring and helpful, but their job is to minimize the amount the insurance company pays out. Their goals are in direct conflict with your family’s best interests.
Dealing with insurance adjuster tactics is difficult, especially when you’re grieving. Adjusters are trained negotiators who know how to use your words against you or push for a quick, low settlement. An Indianapolis wrongful death attorney acts as your shield, handling all communications with the insurance company and protecting you from these common strategies.
You’re not obligated to give a recorded statement or sign any documents without legal advice. Signing a release of all claims in exchange for a settlement will permanently end your right to seek further compensation, even if you discover later that the settlement was far too low.
Here are some ways insurance companies try to weaken a wrongful death claim:
- Requesting a Recorded Statement: They may ask you to give a recorded account of what happened, hoping you’ll say something that can be used to assign partial blame or downplay your losses.
- Making a Quick Settlement Offer: An adjuster may offer a fast payment, hoping you’ll accept it out of financial pressure before you know the true value of your claim.
- Delaying and Denying: Some companies will delay the process, hoping your family will become frustrated and give up or accept a lower offer.
- Disputing Liability: Even in clear-cut cases, they may try to argue that their insured was not entirely at fault in order to reduce the value of the claim.
How Your Indianapolis Wrongful Death Attorney Manages Your Case
The legal process for a wrongful death claim can seem complicated, but our job is to make it as clear and stress-free for you as possible. We handle the legal work from start to finish, from the initial investigation to final resolution.
While many cases are resolved through settlement negotiations, we prepare every case as if it will go to trial. This preparation sends a strong message to the other side that we are serious about getting fair compensation for your family.
Here is a look at the general steps we take:
- Free Case Evaluation: We’ll listen to your story, review the facts of the case, and explain your legal rights at no cost.
- Investigation: Our team immediately begins gathering all relevant evidence, such as accident reports, medical records, and witness testimony, to prove negligence.
- Hiring Experts: We sometimes work with economists, accident reconstructionists, and other experts to establish fault and calculate the full extent of your family’s damages.
- Negotiating With Insurers: Your Indianapolis wrongful death attorney handles all communications and negotiations with the insurance company, presenting a strong, evidence-based demand for fair compensation.
- Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, we can file a wrongful death lawsuit and prepare your case for trial.
A critical deadline in every case is the statute of limitations. In Indiana, a wrongful death claim must generally be filed within two years of the date of death.
If you miss this deadline, you will lose your right to pursue compensation forever. We’ll handle the deadline for your case so you don’t have to worry about the added stress.
FAQ for Indianapolis Wrongful Death Attorney
How Can I Afford an Indianapolis Wrongful Death Lawyer Right Now?
Yosha Law handles all wrongful death cases on a contingency fee agreement, meaning you pay no upfront costs or hourly fees. Our firm only receives a fee if we successfully recover compensation for you through a settlement or verdict.
How Can an Indianapolis Wrongful Death Attorney Help My Family?
An Indianapolis wrongful death attorney from Yosha Law acts as your family’s advocate. We can investigate the death, prove the fault of the responsible party, calculate your family’s total financial and emotional losses, and negotiate with insurance companies for a fair settlement.
If a settlement cannot be reached, we’ll represent your family in a wrongful death lawsuit.
Who Can Receive Compensation in an Indiana Wrongful Death Case?
In Indiana, compensation is distributed to wrongful death beneficiaries. This typically includes the surviving spouse and any dependent children. If there is no spouse or dependent children, compensation may go to the dependent next of kin or parents. Learn more about who can file a wrongful death lawsuit in Indiana.
Will Our Family Have To Go to Court?
Most wrongful death claims are resolved through out-of-court settlement negotiations. However, if the insurance company is unwilling to make a fair offer, we’ll be ready to take your case to trial and fight for the compensation your family needs.
Is There a Limit on the Amount of Compensation in a Wrongful Death Claim?
For most wrongful death cases in Indiana, there is no cap on economic damages, such as lost income and medical expenses. However, the law may place a damages cap on compensation for certain non-economic losses in specific types of cases, such as the death of an unmarried adult without dependents. For more information on calculating the value of a wrongful death claim in Indiana, speak with our attorneys.
Let Yosha Law Protect Your Family’s Rights
The Indianapolis wrongful death attorneys at Yosha Law are here to answer your questions and guide you forward. Let us handle the legal burdens so you can focus on your family.
For a free and confidential consultation, call our Indianapolis office today at (317) 334-9200 or fill out our online contact form to get started.
