A wrongful death case in Indianapolis happens when someone dies because of another person’s careless, negligent, or intentional actions. These tragic deaths can occur in car accidents, pedestrian collisions, unsafe property conditions, or acts of violence. When this happens, surviving family members may have the right to recover compensation.

At Hurst Limontes, our experienced Indianapolis wrongful death attorneys handle every step of the legal process for you. We investigate the incident, collect important evidence, work with experts, and deal with the insurance company, so you can focus on healing. We fight for compensation for funeral costs, lost income, emotional pain, and the loss of companionship.

It’s important to act quickly. Under Indiana law, the statute of limitations for filing a wrongful death claim is two years from the date of death. If you miss this deadline, you could lose your right to recover damages. Contact us today to protect your rights.

Table of Contents

Why Choose Our Indianapolis Wrongful Death Attorneys?

Personal Injury Lawyer Indianapolis

Losing a loved one is never easy, especially when that loss was preventable. The experienced and compassionate Indianapolis wrongful death lawyers at Hurst Limontes have more than a century of combined legal experience handling personal injury and wrongful death cases. Our attorneys have recovered millions of dollars in compensation for accident victims and wrongful death claimants and secured the justice they deserve.

You can see our most recent client reviews and case testimonials on this site. Our office is conveniently located at 50 S. Meridian St., Suite 600, Indianapolis, IN 46204.

For a free case evaluation and legal consultation with an experienced Indianapolis,  wrongful death attorney, call us at  (317) 636-0808.

How Much Money is My Indianapolis Wrongful Death Case Worth?

The value of a wrongful death case in Indianapolis can vary widely depending on the specific facts of your situation. While no amount of money can replace a loved one, the legal system allows surviving family members to recover compensation for their loss. In Indiana, the worth of a wrongful death case often depends on factors such as the age and health of the deceased, their income and financial contributions to the household, the circumstances of the death, and the emotional and financial impact on surviving family members.

There is no standard amount for a wrongful death settlement. However, courts and insurance companies will look at economic and non-economic damages when determining case value. Economic damages are financial losses, such as the deceased person’s lost income, lost future earnings, medical expenses related to the fatal injury, and funeral and burial costs. If the deceased supported dependents, that may also increase the value of the case.

Non-economic damages are harder to measure but are just as important. These may include compensation for the emotional pain, suffering, and mental anguish that family members experience after the loss. Loss of companionship, care, and guidance are also considered in the value of a wrongful death case.

Indiana law also places limits on damages in certain types of wrongful death cases. For example, if the deceased was an adult with no dependents, non-economic damages may be capped. On the other hand, when minor children or spouses are left behind, the potential value of the case can be significantly higher.

Ultimately, the value of your Indianapolis wrongful death case will depend on a careful review of the facts and a clear presentation of how the loss has affected your family, both financially and emotionally.

Who Can File a Wrongful Death Case in Indiana?

Top 100 Trial Lawyers

In Indiana, a wrongful death claim must be filed by the personal representative of the deceased person’s estate. This is usually the person named in the will or appointed by the court if no will exists. The personal representative files the claim on behalf of the surviving family members and the estate.

Although individual family members cannot file a wrongful death lawsuit on their own, they may still benefit from the claim. If the case is successful, certain family members—such as the surviving spouse, children, or dependents—may be entitled to recover compensation for losses like emotional suffering, lost financial support, and loss of companionship.

In cases involving a deceased child or when the deceased had no dependents, Indiana law has specific rules about who can recover damages and how those damages are divided.

Types of Occurrences in Indianapolis that Lead to Wrongful Death

In Indianapolis, many wrongful death claims arise from everyday occurrences where someone acts carelessly, negligently, or wrongfully. These actions can result in the tragic loss of a loved one and may lead to legal claims for compensation. Some of the most common situations that lead to wrongful death cases include motor vehicle accidents, pedestrian and bicycle accidents, and premises liability incidents.

Motor vehicle accidents are one of the leading causes of wrongful death in Indianapolis. These collisions often occur when a driver is speeding, driving under the influence, distracted by a phone, or disobeying traffic laws. Fatal accidents may involve cars, trucks, motorcycles, or buses. When a driver’s reckless or negligent behavior causes a crash that results in someone’s death, the victim’s family may recover compensation through a wrongful death claim.

Pedestrian and bicycle accidents are also common. Indianapolis has many busy intersections and crosswalks, and drivers do not always pay attention or yield the right-of-way. When a driver fails to look out for pedestrians or cyclists and causes a fatal collision, their careless behavior may be grounds for a wrongful death lawsuit.

Premises liability incidents can also lead to wrongful death. This may involve a fall, drowning, or other fatal injury that happens on someone else’s property due to unsafe conditions. For example, if a property owner fails to maintain proper lighting, secure a swimming pool, or repair dangerous stairways, and someone dies as a result, the property owner may be held responsible. Property owners have a legal duty to keep their premises reasonably safe for visitors.

Wrongful deaths may also result from violent criminal acts, such as assault or reckless use of a firearm. In these cases, even if a person is charged criminally, the victim’s personal representative may file a separate civil wrongful death claim to seek justice and compensation for surviving family members.

In each of these situations, the common thread is that someone else’s actions—or failure to act—caused a preventable death.

Successfully Proving a Wrongful Death Case in Indianapolis

Best Law Firm Logo

To successfully prove a wrongful death case in Indianapolis, you must show that another person or party’s careless, negligent, or wrongful actions caused your loved one’s death. Under Indiana law, four key legal elements must be proven: duty of care, breach of duty, causation, and damages. Meeting all four elements is necessary for a successful wrongful death claim.

You must first show that the person or party responsible owed a legal duty of care to the deceased. This means they had a responsibility to act in a reasonable and safe manner. For example, drivers have a duty to follow traffic laws and drive safely. Property owners have a duty to keep their premises safe for visitors.

Next, you must prove that the responsible party breached their duty of care. A breach happens when someone fails to act as a reasonably careful person would under similar circumstances. This could include texting while driving, running a red light, or failing to fix a dangerous condition on their property.

You also need to prove that the breach of duty directly caused your loved one’s death. This is called “causation.” It must be clear that the death would not have occurred if the person had acted responsibly. Sometimes, expert witnesses like accident reconstructionists or medical professionals are needed to clearly link the breach of duty to the cause of death.

Finally, you must show that the death resulted in damages that can be compensated. These may include funeral expenses, lost income the deceased would have provided, and the emotional pain and suffering of surviving family members.

To successfully prove these elements in court or during settlement negotiations, strong evidence is critical. This may include accident reports, witness statements, photographs, video footage, expert testimony, and financial documents. Our experienced Indianapolis wrongful death attorneys at Hurst Limontes can gather the necessary evidence, present it clearly, and build a strong legal case on your behalf.

Proving a wrongful death case is emotionally difficult, but with the right legal support, families can pursue justice and receive the compensation they deserve.

Fighting the Insurance Company in an Indianapolis Wrongful Death Case

At Hurst Limontes, our experienced Indianapolis wrongful death attorneys understand how devastating it is to lose a loved one due to someone else’s careless or negligent actions. We also know how challenging it can be to deal with an insurance company that tries to pay as little as possible. That’s why we fight hard to get you the compensation you deserve.

Insurance companies often focus on protecting their bottom line. They may try to deny responsibility, downplay your losses, or offer a settlement that doesn’t begin to cover the full emotional and financial impact of your loved one’s death. Our legal team knows their tactics and is prepared to push back with strong, fact-based arguments.

We start by gathering all the evidence needed to support your case, including police reports, witness statements, medical records, and financial documents. We may also work with experts—such as accident reconstructionists or economists—to show how the death happened and what your family has lost as a result.

Once we have built a strong case, we handle all communication with the insurance company. Our attorneys know how to negotiate effectively and are not afraid to take your case to trial if the insurance company refuses to offer a fair settlement. We will fight for compensation for funeral costs, lost income, emotional pain and suffering, and loss of companionship.

At Hurst Limontes, we treat every client with compassion and respect. We know this is a painful time, and we work hard to make the legal process as smooth as possible for you. Our goal is to make sure your loved one’s life is honored and that your family receives justice.

If you’ve lost someone because of another’s negligence, you don’t have to face the insurance company alone. Let our experienced Indianapolis wrongful death attorneys at Hurst Limontes fight for you.

Most Important Steps to Take in an Indianapolis Wrongful Death Case

Multi Million Dollar Forum Logo

If you’ve lost a loved one due to someone else’s careless or negligent actions, there are several important steps you should take right away to protect your rights in a wrongful death case. These steps can make a major difference in the strength of your claim and your ability to receive full compensation.

  • First, gather any available evidence related to the incident. This may include police reports, accident scene photos, medical records, and witness contact information. The more documentation you have early on, the easier it will be to build a strong case later.
  • Second, avoid speaking to the other party’s insurance company before consulting a lawyer. Insurance companies often try to settle quickly and for less than your case is worth. Anything you say could be used against you.
  • Third, keep records of funeral and burial expenses, any lost income the deceased would have provided, and the emotional impact on your family. These losses can be part of your claim.
  • Most importantly, contact our experienced Indianapolis wrongful death lawyers at Hurst Limontes as soon as possible. The sooner you reach out, the more time we have to investigate the case, preserve important evidence, and protect your rights. We will guide you through each step and fight for the justice and compensation your family deserves.

Indianapolis Wrongful Death FAQs

What is the difference between a wrongful death claim and a survival action?

  • A wrongful death claim compensates the surviving family members for their own losses, such as lost financial support and loss of companionship.
  • A survival action, which may come at the same time, seeks to recover damages the deceased person could have claimed had they survived, including their own pain and suffering before death.

Do I have to go to court to resolve a wrongful death case?

Many wrongful death cases resolve through a settlement with the at-fault party’s insurance company without a trial.

Our lawyers prepare every case as if it will go to trial, which puts us in a strong negotiating position. If the insurance company refuses to offer fair compensation, we are ready to present your case to a judge and jury.

How long does it take to resolve a wrongful death case in Indiana?

The timeline for a wrongful death case varies. We work to resolve your case as efficiently as possible while protecting its full value.

What if my loved one was partially at fault for the accident?

Indiana follows a modified comparative fault rule. This means you may still recover damages as long as your loved one was 50% or less at fault for the incident that caused their death. The court will reduce your family’s compensation award by your loved one’s percentage of fault.

Speak to an Experienced Indianapolis Wrongful Death Lawyer Today

Alexander Limontes

Alexander Limontes, Indianapolis Wrongful Death Lawyer

At Hurst Limontes, our knowledgeable and compassionate team of attorneys is ready to advocate for you. We will do everything possible to secure the justice and compensation that you and your family deserve at this difficult time.

For a free case evaluation and legal consultation with a knowledgeable Indianapolis wrongful death lawyer, please call us at (317) 636-0808 or contact us online today.

 

Hurst Limontes LLC – Indianapolis Office

50 S Meridian St Suite 600
Indianapolis, IN 46204
P: (317) 636-0808