When a person is killed because of someone else’s negligence or wrongful act, Indiana law allows their family to seek justice through a civil claim.

This is called a wrongful death action. Its purpose is to provide financial stability to a family that has been robbed of a loved one’s support, earnings, and companionship.

Handling the legal work while you are grieving is not something you should carry alone. Our role is to take that weight off your shoulders. If you are facing the future after the loss of a family member, call Yosha Law for a free, no-obligation conversation about your options.

You can reach us at (317) 648-7319.

GET A FREE CASE EVALUATION

Key Takeaways for Indianapolis Wrongful Death Claims

There is a strict two-year deadline to file a claim. Indiana’s statute of limitations generally requires a wrongful death lawsuit to be filed within two years from the date of death, with very few exceptions.
Only a “personal representative” can legally file the lawsuit. While the compensation is for the family, Indiana law requires the claim to be filed by the personal representative of the deceased’s estate, who is either named in a will or appointed by a court.
Compensation is available for both financial and personal losses. Damages can include final medical bills, funeral costs, lost lifetime income, and the loss of a loved one’s care, guidance, and companionship.

Why Choose Yosha Law for Your Family’s Case?

For over 60 years, Yosha Law has helped families in Indianapolis find their footing after a terrible loss. Our work is founded on a single belief: your family’s story deserves to be heard, and your well-being is our highest priority.

A Reputation Built on Trial Readiness

Insurance companies are keenly aware of which law firms prepare cases for settlement and which ones prepare for a jury trial. When they see you working with a firm like ours that is ready to go the distance, their offers suddenly start looking a lot more reasonable.

This is because our firm has secured more jury verdicts than any other in Indiana’s history. This reputation fundamentally changes settlement discussions. Because the other side knows we are always ready to present a case to a jury, their offers are more likely to reflect the true value of your family’s loss.

What This Means For You

Clear and Honest Guidance: We provide a straightforward evaluation of your case from the very beginning. You will understand the strengths and challenges, allowing you to make informed decisions for your family.
Constant Support: A loss doesn’t keep business hours, and neither do we. Our team is available 24/7 to answer your questions and provide support, just like family. We stand with you, beside you, and for you.
No Financial Barrier to Justice: We manage all wrongful death cases on a contingency fee basis. This means you owe us nothing unless we win your case. Everyone deserves high-quality legal representation, regardless of their financial situation.
A Focus on Your Future: We have recovered hundreds of millions of dollars for our clients. To us, this represents thousands of lives changed, futures secured, and families given the resources to rebuild.

Our office is located at 280 E 96th St Suite 220A. We’re conveniently located off the USS Indianapolis Memorial Highway.

What Are the Most Common Causes of Wrongful Death?

A wrongful death claim can arise from any situation where one party’s negligence causes another person’s death. While car accidents are a frequent cause, many other scenarios can lead to a valid claim.

Vehicle and Traffic Accidents

Indianapolis is a major crossroads, and its roads see a high volume of traffic. Common causes include:

Passenger Car Accidents: Often caused by distracted driving, speeding, or impairment.
Commercial Truck Accidents: Collisions involving large trucks are particularly destructive due to their size and weight.
Motorcycle, Pedestrian, and Bicycle Accidents: These individuals are vulnerable on the road and frequently sustain catastrophic injuries when a driver is careless.

Medical Malpractice

When a healthcare provider fails to meet the accepted standard of care and a patient dies as a result, it may be grounds for a wrongful death claim. Examples include:

Surgical Errors: Mistakes made during an operation.
Misdiagnosis or Delayed Diagnosis: A failure to correctly identify a condition like cancer or heart disease in time for effective treatment.
Birth Injuries: Negligence during labor and delivery that results in the death of the infant or mother.
Medication Errors: Prescribing the wrong drug or an incorrect dosage.

Workplace Accidents

Employers have a duty to provide a reasonably safe environment for their employees. When they fail to do so, deadly accidents can occur.

These incidents are common in industries like construction, manufacturing, and agriculture. While workers’ compensation typically provides benefits, a wrongful death lawsuit may be possible against a third party who is not the employer, such as the manufacturer of faulty equipment or a negligent subcontractor.

Defective Products

Manufacturers, designers, and distributors are responsible for ensuring their products are safe for consumer use. If a flaw in a product’s design or a manufacturing defect leads to a fatal accident, the company can be held liable.

This applies to a wide range of goods, from faulty vehicle airbags to unsafe children’s products or dangerous prescription drugs.

What Compensation Can Be Pursued in An Indiana Wrongful Death Claim?

The goal of a wrongful death claim is to provide financial compensation for the full scope of your family’s losses. These damages are not only for the bills you can see, but also for the future that was taken away.

Watching your savings dwindle to cover funeral costs and final medical bills—while also facing the loss of your loved one’s income—is a heavy burden no family should bear.

Our firm builds a case that accounts for every loss your family has experienced and will experience in the years to come.

Economic Damages

These are the direct financial losses resulting from the death.

Final Medical Expenses: All costs for the medical care your loved one received for the injury that led to their death.
Funeral and Burial Costs: The reasonable expenses associated with your loved one’s final arrangements.
Lost Income and Earnings: The wages, benefits, and other earnings your loved one would have been expected to earn over a normal lifespan.
Loss of Services: The monetary value of the services the deceased provided, such as childcare, home maintenance, and financial management.

Non-Economic Damages

These damages address the profound personal losses that do not have a specific price tag.

Loss of Love, Care, and Companionship: This compensates a surviving spouse for the loss of their partner or dependent children for the loss of parental guidance.
In cases involving the death of a child, parents can pursue compensation for the loss of their child’s services and the loss of love and companionship under the Child Wrongful Death Act.

Who Can File a Wrongful Death Lawsuit in Indiana?

In Indiana, the rules for who can bring a claim are very specific. The lawsuit must be filed by the “personal representative” of the deceased person’s estate.

This individual is usually the person named as the executor in the deceased’s will. If there is no will, a probate court will appoint a personal representative, typically a close family member like a surviving spouse, parent, or adult child.

Even though the personal representative is the one who files the paperwork, the compensation recovered is for the benefit of the surviving family members. The law identifies who these beneficiaries are:

The surviving spouse.
Dependent children.
Other dependent next of kin (if there is no spouse or dependent child).

This structure ensures that one person speaks for the estate, preventing conflicting legal actions and providing an orderly process for distributing any recovered damages to the family members who need it most.

Who Qualifies as a Dependent or Beneficiary

Indiana law is very specific about who may receive compensation from a wrongful death claim. While the lawsuit itself must be filed by the personal representative of the estate, the people who ultimately benefit are those who depended on the person who passed away.

Dependents are usually:

A surviving spouse.
Minor children of the deceased.
Other relatives, such as parents or adult children, who relied on the deceased for significant financial or daily support.

This distinction matters because the law treats dependent and non-dependent relatives differently. For example, adult children who were financially independent at the time of a parent’s death may not be eligible for certain non-economic damages, such as loss of companionship. These rules are outlined in Indiana Code § 34-23-1-2, which governs wrongful death claims for adults who leave no dependents.

Simply put, the law’s goal is fairness. It directs compensation to the family members whose lives were most directly affected—those who lost not only love, but the financial and emotional support that sustained their daily lives.

How Damages Are Distributed

Even though the personal representative files the lawsuit, the compensation recovered belongs to the surviving family, not the representative. Once a settlement or verdict is reached, the funds are first paid to the estate, then distributed under the supervision of the court.

In most cases, the court ensures:

Payment of outstanding expenses related to the death, such as medical bills, funeral costs, and legal fees.
Distribution of remaining funds to the eligible family members, usually the spouse, dependent children, or other dependents, in proportions the judge finds fair.

This step is important because it provides oversight and prevents disputes among family members. The process is guided by Indiana Probate Code § 29-1-7-23, which requires court approval for any settlement involving an estate.

Our role is to ensure this part of the process runs smoothly, from filing the necessary petitions, presenting the proposed distribution to the court, and making sure every eligible family member receives the share the law entitles them to.

How Insurance Companies View Wrongful Death Claims

Soon after a fatal accident, you will likely be contacted by one or more insurance companies. It is helpful to understand their position in this process.

An insurance company is a business with a duty to its shareholders. Its adjusters are trained to conduct thorough investigations to determine who was at fault and how much a claim is worth. This creates a natural tension, as their financial responsibility requires them to balance paying legitimate claims with protecting their company’s bottom line.

Here is what you might encounter:

A Request for a Recorded Statement: An adjuster might call and ask to record your conversation about what happened. You are not required to provide a recorded statement. These statements can be carefully examined for any information that could be used to argue your loved one shared some of the blame for the incident.
An Early Settlement Offer: In some situations, an insurer may present a settlement offer before the full financial impact of the loss is understood. As medical bills and funeral costs pile up, a quick payout might seem tempting, but it almost certainly will not account for a lifetime of lost income or other long-term damages.
A Methodical Investigation: The company will conduct a detailed and slow-moving investigation. The claim process is long, tedious, and filled with paperwork. It’s easy to get frustrated and feel pressured to accept a lower offer just to move forward. Our role is to manage this entire process for you, making sure all deadlines are met and that your family’s claim is presented with the strongest evidence possible.

Your Path Forward Starts With A Conversation

The idea of a lawsuit is the last thing anyone wants to think about while grieving. But a wrongful death claim is about securing your family’s future and honoring the person you lost by holding the responsible party accountable.

You do not have to find the strength to do this alone.

Let our family stand with yours. Call Yosha Law today, and we will listen to your story, answer your questions, and explain how our personal injury lawyers can help. The consultation is free, confidential, and comes with no obligation.

Reach us anytime at (317) 648-7319.

GET A FREE CASE EVALUATION