When a person’s death is caused by the wrongful act or failure to act by someone else, Indiana law provides a way for the family to seek accountability. This is called a wrongful death claim. It’s a civil lawsuit, completely separate from any criminal charges, that allows surviving family members to pursue financial stability after an unexpected loss.

Simply put, if the person who passed away could have filed a personal injury lawsuit had they survived, their family may now have grounds for a wrongful death claim.

The thought of a lawsuit is likely the last thing on your mind. Our role is to take that weight off your shoulders. We handle the entire legal process so you can focus on your family.

If you have questions about what happened and what your options are, call us for a no-cost, confidential conversation at (574) 319-9636.

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South Bend Wrongful Death Guide

Key Takeaways for Wrongful Death Claims in Indiana
What Is a Wrongful Death Claim Under Indiana Law?
Who Has the Right to File the Lawsuit?
Wrongful Death vs. Survival Action
What Financial Stability Can a Lawsuit Provide?
How Shared Fault May Impact the Case
Understanding the Insurance Company’s Position
General Timeline for a Wrongful Death Case
Frequently Asked Questions
Let Our Family Help Yours Find the Path Forward

Key Takeaways for Wrongful Death Claims in Indiana

A specific person must file the claim. In Indiana, the “personal representative” of the deceased’s estate is the only one who can file a wrongful death lawsuit for an adult. This person acts on behalf of the surviving spouse and dependent children to recover damages.
The deadline to file is strict. Indiana law sets a two-year statute of limitations for most wrongful death cases, starting from the date of death. If you miss this window, you will almost certainly lose the right to pursue compensation forever.
Multiple types of recovery are possible. The law allows families to seek financial recovery for tangible costs, like medical bills and funeral expenses, as well as for the human loss of love, companionship, and guidance.

What Is a Wrongful Death Claim Under Indiana Law?

A wrongful death claim is a legal tool that holds a person or company accountable for causing a death through a negligent or intentional act. Think of it this way: the claim steps into the shoes of the person who passed, asking whether they would have had grounds to pursue a personal injury lawyer if they had lived.

These claims arise from many different situations, including:

Car and truck accidents
Medical malpractice
Workplace incidents
Defective products
Unsafe conditions on a property

To have a successful claim, we must demonstrate four specific points:

A Duty of Care Existed: The other party had a responsibility to act with reasonable care. For example, every driver has a duty to follow traffic laws.
That Duty Was Breached: The party failed in that responsibility through their actions or inaction. A driver running a red light is a clear breach.
The Breach Caused the Death: There must be a direct link between the defendant’s failure and your loved one’s death.
You Suffered Damages: Your family has experienced measurable financial and personal losses because of the death.

Who Has the Right to File the Lawsuit?

The Role of the Personal Representative

For a case involving an adult, the claim must be filed by the personal representative of the deceased person’s estate. This person is sometimes called an executor. Their job is to act on behalf of the estate and its beneficiaries—typically the surviving spouse and dependent children.

What if no one was named? If a will doesn’t name a personal representative, or if there is no will, the probate court will appoint one. This is often a close family member, like a spouse or adult child.

What if the Deceased Was a Child?

The rules are different for the death of a child. In these cases, the parents or legal guardians file the claim directly. A personal representative is not required.

According to Indiana law, a “child” is defined as an unmarried individual without dependents who is under 20, or under 23 if enrolled in a postsecondary institution or vocational program.

What Is the Difference Between a Wrongful Death and a Survival Action?

You may hear another legal term: “survival action.” While related, it is a different type of claim.

A wrongful death claim compensates the surviving family members for their losses, such as lost income and the loss of companionship.
A survival action compensates the estate for the harm the deceased person experienced before they died. This could include their pain and suffering and medical bills that stacked up between the time of the injury and their passing.

In some situations, it may be possible to file both types of claims. For example, if a person was injured in a crash and received medical care for several weeks before passing away, the family might have two distinct claims. A survival action would address the suffering and expenses during those weeks, while the wrongful death claim would address the family’s losses stemming from the death itself.

What Financial Stability Can a Lawsuit Provide?

No amount of money can undo what happened. The goal of a wrongful death claim is to provide financial stability for the family left to pick up the pieces. The law allows for recovery of specific losses, broken down into two main categories.

Economic Damages: The Measurable Losses

These are the calculable, out-of-pocket financial costs tied to your loved one’s death and the loss of their financial contributions. They include:

Medical bills from the final injury or illness.
Funeral and burial expenses.
Lost income and wages the person would have earned.
The value of lost benefits, like a pension or health insurance.

Non-Economic Damages: The Human Losses

These damages recognize the deep, personal void left by your loved one’s absence. They are meant to account for:

Loss of love, companionship, and affection.
Loss of guidance and training for surviving children.
Loss of household services, from childcare to home maintenance.

For unmarried adults without dependents, Indiana law caps the total recovery for loss of love and companionship at $300,000.

How Can Shared Fault Impact the Case?

Indiana uses a legal rule known as “modified comparative fault.” It’s a system for assigning responsibility when more than one person is to blame for an incident.

Here’s how it works: if your loved one is found partially at fault for the event that caused their death, your family’s financial recovery is reduced by that same percentage. For instance, if a jury determines your loved one was 10% at fault, the total award would be reduced by 10%.

However, there is a strict limit. Under Indiana Code § 34-51-2-6, if your loved one is found to be 51% or more at fault, your family is barred from recovering any compensation at all. Insurance companies investigate every angle to argue that the deceased was partially to blame. Our job is to protect your loved one’s reputation and ensure no blame is unfairly assigned.

Understanding the Insurance Company’s Position

Soon after a fatal accident, an insurance adjuster representing the at-fault party will likely contact you. It is important to understand their role in the process.

Insurance companies are businesses. Their responsibility is to their shareholders, which means they must balance paying legitimate claims with maintaining profitability. This creates a built-in conflict when determining the full value of your family’s loss.

To protect their interests, they may:

Ask for a recorded statement. We advise against providing one. Your words, spoken while you are still processing a traumatic event, can be misinterpreted or used out of context to shift blame. We will handle all communications for you.
Offer a quick, low settlement. An early offer might seem helpful, especially as bills begin to arrive. But these offers are typically made before the full financial impact of the loss is understood and are almost always less than what your family is truly owed.
Use delays to their advantage. The claims process is long and filled with paperwork. It’s easy to get frustrated and feel pressure to accept a lower offer just to be done with it. We manage the entire process, keeping the claim on track while we build a case for its full value.

A General Timeline for a Wrongful Death Case

Every case moves at its own pace, but most follow a similar path. Some claims may resolve in a few months, while others, particularly those that go to trial, could take a year or more.

Initial Consultation and Investigation: We start by listening to your story. Then, we begin gathering evidence, such as accident reports, medical records, and witness statements, to determine who was at fault.
Filing the Lawsuit: Once we have a clear picture of what happened, we will file a formal complaint in court. This officially begins the lawsuit.
The Discovery Phase: This is the longest part of the process. Both sides exchange information, request documents, and take depositions (sworn, out-of-court testimony from witnesses and experts).
Negotiation and Mediation: Most cases are resolved through settlement negotiations. A neutral third-party mediator may be brought in to help both sides reach an agreement.
Trial: If the insurance company refuses to offer a fair settlement, we are fully prepared to present your case to a jury. Our firm has a long history of taking cases to trial and winning.

Throughout this process, we will keep you informed so you always know where your case stands.

Frequently Asked Questions from Families in South Bend

What if the person responsible is also facing criminal charges?

A criminal case and a civil wrongful death claim are two entirely separate legal proceedings. The criminal case is brought by the state to punish wrongdoing, while your civil claim is brought by your family to secure financial compensation. The outcome of one does not legally determine the outcome of the other, and you can move forward with your claim regardless of what happens in criminal court.

Can our family still file a claim if our loved one was retired?

Yes. Even if a person was not earning an income, their death still causes profound losses. Your family can still pursue compensation for damages like the loss of companionship, the value of services they provided (like childcare or home management), and medical and funeral expenses. The absence of lost wages does not prevent you from filing a claim.

What happens if the at-fault party has no insurance?

This is a difficult situation, but you may still have options. We would investigate whether your own auto insurance policy includes uninsured/underinsured motorist coverage, which could apply. We would also look for any other potentially responsible parties. For example, if the person was working at the time of the incident, their employer might be liable.

How much does it cost to hire Yosha Law?

We handle wrongful death cases on a contingency fee basis. This means you pay no upfront costs for our services. We only receive a fee if we successfully recover compensation for your family. Our fee is a percentage of the final settlement or verdict, which allows you to pursue justice without any financial risk.

Let Our Family Help Yours Find the Path Forward

You did not ask for this, but you do not have to figure it out alone. The legal system can provide the resources your family needs to find stability in a future you never planned for. The sooner we can begin preserving evidence and building your case, the stronger it will be.

If you are ready to learn more about your options, our family at Yosha Law is here to listen. Contact us 24/7 for a free, no-obligation consultation at (574) 319-9636.

GET A FREE CASE EVALUATION