Indianapolis Wrongful Death Lawyer

Wrongful Death Lawyer Indianapolis, IN

If you’ve lost a family member because someone else was careless or reckless, you’re facing one of the hardest situations imaginable. Grief is already overwhelming. Add funeral costs, lost household income, and questions about what happens next, and most people don’t know where to turn.

An Indianapolis, IN wrongful death lawyer can help you understand your legal options and pursue accountability. At Pavlack Law, our attorneys have collectively practiced for 50 years, handling wrongful death matters across Indiana. We represent families on contingency, which means there’s no fee unless we recover compensation. If you’re dealing with a sudden loss caused by negligence, we are ready to talk.

Why Choose Pavlack Law for Wrongful Death Cases in Indianapolis, IN?

Local Knowledge of Indiana Courts

Wrongful death claims in Indianapolis require familiarity with Marion County courts, Indiana procedural rules, and local insurance practices. Eric Pavlack founded this firm in Indianapolis and has been licensed in Indiana since 1999. He is admitted to practice in the State of Indiana, the United States Court for the Southern District of Indiana, the United States Court for the Northern District of Indiana, and the United States Seventh Circuit Court of Appeals.

Eric graduated from Indiana University with a B.S. in Biology in 1996 and earned his J.D. from Indiana University in 1999. He is a member of the Indiana State Bar Association, the Indianapolis Bar Association, and the American Association for Justice. His wrongful death work has been recognized by Super Lawyers every year from 2015 through 2025, and he received the Rising Star designation in 2009, 2011, 2012, and 2013.

Our attorneys understand Indiana wrongful death procedures. In 2019, the Indiana Supreme Court issued a significant ruling clarifying wrongful death procedures that affects how these cases move through the courts. We stay current on developments like this because they directly impact the families we represent.

Proven Results for Grieving Families

Pavlack Law has helped clients recover millions of dollars in personal injury and wrongful death matters. One relevant result: a $6,000,000 settlement for the widow and children of a man who died due to negligence. Another: a $1,250,000 settlement (the state maximum at that time) in a medical malpractice case for a widow whose husband died because of doctors’ negligence.

Attorney Colin Flora secured a $1.25 million settlement in an ambulance transport crash wrongful death case. These results reflect our commitment to pursuing full compensation for families who have suffered devastating losses.

Commitment to Client Care

A wrongful death attorney in Indianapolis should be someone who listens and explains your options clearly. That is what we do.

No Fee Unless We Win

We handle wrongful death cases on contingency. You pay nothing upfront, and we only collect a fee if we secure a recovery for you. This arrangement allows grieving families to pursue justice without worrying about legal bills while they’re still processing their loss.

If you need a personal injury lawyer in Indianapolis, IN for a related matter, our firm handles those cases as well.

⭐⭐⭐⭐⭐

“Eric Pavlack handled my father’s case with the level of professionalism and care it required. He worked with us for a long while and kept up communication extremely well. Eric oversaw the situation with care even after long periods of waiting. We appreciate all he’s done for us. He is truly exceptional!” — Desirae Michaels

Read more reviews on our Google Business Profile.

Types of Wrongful Death Cases We Handle in Indianapolis

Not every death caused by another person’s actions qualifies as a wrongful death claim under Indiana law. The death must result from negligence, recklessness, or intentional misconduct. Here are the types of cases we handle:

• Car accidents. Fatal crashes caused by distracted, drunk, or reckless drivers. We investigate fault and pursue claims against responsible parties and their insurers.
• Truck accidents. Commercial vehicle crashes involving semi-trucks, delivery vehicles, and other large trucks often cause catastrophic and fatal injuries. Multiple parties may bear responsibility, including drivers, trucking companies, and maintenance providers.
• Medical malpractice. When a doctor, nurse, or hospital’s negligence causes a patient’s death, the family may have a medical malpractice wrongful death claim. These cases require compliance with Indiana’s Medical Malpractice Act and its procedural requirements.
• Motorcycle accidents. Riders are vulnerable to fatal injuries when other motorists fail to yield or drive carelessly. We pursue these claims aggressively.
• Premises liability. Fatal injuries from unsafe property conditions, including falls from heights, drownings, electrocutions, or assaults due to negligent security.
• Workplace accidents. Construction site deaths, industrial accidents, and other fatal work injuries may give rise to third-party claims against equipment manufacturers, property owners, or subcontractors.

Indiana Legal Requirements for Wrongful Death Claims

Indiana’s wrongful death statute, found at Indiana Code § 34-23-1-1, allows certain family members to bring claims when someone dies due to the wrongful act or omission of another.

Only a personal representative of the deceased person’s estate can file a wrongful death lawsuit in Indiana. This is typically the executor or administrator appointed by the probate court. If no estate has been opened, one must be established before the lawsuit can proceed.

The statute of limitations for wrongful death in Indiana is generally two years from the date of death. Miss this deadline and you lose the right to file. Period. There are limited exceptions, but counting on them is risky.

Who receives compensation depends on who survives. Indiana’s wrongful death statute distributes damages to the surviving spouse, children, and in some cases dependent next of kin. The distribution rules can get complicated, especially in blended families or when there are disputes among potential beneficiaries.

Medical malpractice wrongful death claims have additional requirements under Indiana’s Medical Malpractice Act. Before filing suit against a qualified healthcare provider, the claim must be submitted to a medical review panel. This adds time and procedural steps to the process.

Parents can file a wrongful death claim for a deceased child, including minor children and in some circumstances adult children.

What Damages Are Recoverable in Indianapolis Wrongful Death Cases?

Indiana law permits recovery of several categories of damages in wrongful death actions. Understanding what’s available helps families know what compensation to pursue.

Economic damages include medical expenses incurred before death, funeral and burial costs, and the lost earnings and benefits the deceased would have provided to the family. For a primary breadwinner, lost income calculations extend over the deceased’s expected working life, accounting for raises, promotions, and benefits. Even when a stay-at-home parent dies, there are economic damages available for the value of household services, childcare, and other contributions.

Calculating lost wages requires economic analysis. We work with forensic economists who can quantify the full financial impact of a death on the surviving family.

Non-economic damages compensate for loss of love and companionship, grief, and the loss of guidance and parental care for children. These damages are real, even though they are harder to calculate than a paycheck. Indiana recognizes that families lose far more than just financial support when someone dies.

Indiana’s wrongful death statute also allows recovery for the pain and suffering the deceased person experienced between the injury and death. If someone survived for hours, days, or weeks after a fatal injury, that suffering has value under the law.

Punitive damages are available in limited circumstances. Under Indiana Code § 34-51-3-4, punitive damages may be awarded where the defendant acted with malice, fraud, gross negligence, or oppressive conduct. A drunk driver causing a fatal crash, for example, may face punitive damages beyond compensatory amounts. Indiana caps punitive damages at three times compensatory damages or $50,000, whichever is greater, with 75% going to the state’s Violent Crime Victims Compensation Fund. Whether punitive damages are available depends on the facts of each case.

Medical malpractice wrongful death cases have a separate damage cap under Indiana law. The current cap is $1.8 million for incidents occurring after July 1, 2019, according to Indiana Code § 34-18-14-3.

What Steps Should I Take After a Loved One’s Wrongful Death?

The period after losing someone is difficult. But certain steps protect your legal rights and help preserve evidence for a potential claim.

1. Obtain the death certificate. You’ll need multiple certified copies for insurance claims, legal proceedings, and financial matters.
2. Request autopsy results. If an autopsy was performed, get a copy of the report. It documents the cause of death and may contain evidence relevant to your claim.
3. Preserve all medical records. Gather records from hospitals, emergency rooms, doctors, and any other healthcare providers who treated your loved one before death.
4. Document the accident scene. If possible, take photographs of where the incident occurred. This may not be possible in every situation, but physical evidence matters.
5. Collect witness information. Write down names and contact information for anyone who witnessed the incident or has relevant knowledge.
6. Keep all bills and receipts. Medical bills, funeral expenses, travel costs for family members, and other expenses should be documented.
7. Avoid social media. Insurance companies and defense attorneys monitor social media accounts. Post nothing about the incident, your loved one’s death, or your emotional state.
8. Don’t give recorded statements. Insurance adjusters may call quickly. You are not required to provide a recorded statement, and doing so without legal counsel can harm your case.
9. Open an estate. If your loved one did not have a will, the probate court will need to appoint an administrator. This person becomes the personal representative who can file the wrongful death lawsuit.
10. Contact a wrongful death attorney. Legal deadlines apply, and evidence can disappear quickly. An attorney can begin investigating, preserving evidence, and advising you on your options.

Indianapolis Wrongful Death Infographic

Wrongful Death Statistics in Indianapolis

Fatal accidents happen with disturbing frequency in Indianapolis and across Indiana. Understanding these numbers provides context for how common these tragedies are.

According to the Indiana Criminal Justice Institute, Indiana recorded 931 traffic fatalities in 2022. Marion County, which includes Indianapolis, consistently reports some of the highest traffic death numbers in the state due to its population density and traffic volume.

The National Highway Traffic Safety Administration reports that approximately 40,000 people die in motor vehicle crashes nationally each year. Alcohol-impaired driving accounts for roughly 28% of all traffic fatalities, according to NHTSA data.

Workplace fatalities also contribute to wrongful death claims. The Bureau of Labor Statistics reported 5,486 fatal work injuries nationally in 2022. Construction, transportation, and agriculture have the highest fatality rates.

Medical errors cause significant numbers of deaths as well. Research published by Johns Hopkins estimates that medical errors may be the third leading cause of death in the United States, though these deaths are not always reflected in official statistics because death certificates typically list the underlying condition rather than medical error as the cause.

Pedestrian and bicycle deaths have increased nationally. The Governors Highway Safety Association reports that pedestrian fatalities have reached 40-year highs. Indianapolis, with its urban traffic patterns, reflects these trends.

Indianapolis Wrongful Death Lawyer FAQs

Who can file a wrongful death lawsuit in Indiana?

Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This is typically the executor named in the will or an administrator appointed by the probate court if there is no will. The damages recovered are distributed to surviving family members according to Indiana’s statute.

How long do I have to file a wrongful death claim in Indianapolis?

The statute of limitations is generally two years from the date of death. Some exceptions exist, but relying on them is dangerous. Consult an attorney promptly to protect your rights.

What if the at-fault party died in the same accident?

You can still pursue a claim against the deceased person’s estate. The insurance policies in effect at the time of death typically remain available to pay claims.

How is a wrongful death case different from a criminal case?

Criminal cases are brought by the government and can result in jail time for the defendant. Wrongful death lawsuits are civil cases brought by the family, seeking monetary compensation. A defendant can face both criminal charges and a civil lawsuit. The standard of proof in civil cases is lower than in criminal cases.

What if my family member was partially at fault?

Indiana follows modified comparative fault rules. If the deceased was less than 51% at fault, the family can still recover damages, reduced by the percentage of fault. If the deceased was 51% or more at fault, no recovery is available.

How much does a wrongful death lawyer cost?

We handle wrongful death cases on contingency. You pay no fees unless we recover compensation for you. This allows families to pursue justice without financial risk during an already difficult time.

What scenarios may lead to wrongful death claims?

Many different scenarios can give rise to wrongful death claims. Car crashes, truck accidents, medical malpractice, workplace accidents, defective products, criminal acts, and premises liability incidents all potentially support wrongful death actions if negligence or intentional misconduct caused the death.

Can I file a wrongful death claim if there’s also a criminal investigation?

Yes. The civil case is separate from any criminal prosecution. You do not need to wait for criminal charges to be filed or resolved. In fact, waiting can jeopardize your claim if evidence disappears or witnesses become unavailable.

What compensation can I receive for funeral expenses?

Reasonable funeral and burial expenses are recoverable in wrongful death cases. Keep all receipts and documentation related to these costs.

How long does a wrongful death case take to resolve?

Timelines vary significantly. Some cases settle within months. Others, particularly medical malpractice cases requiring review panels, take years. Complex cases with disputed liability or significant damages typically take longer.

What if the death was caused by a defective product?

Product liability wrongful death claims can be brought against manufacturers, distributors, and retailers of defective products. These cases often involve technical evidence about product design, manufacturing, or warning defects.

Can I sue a hospital for a wrongful death?

Yes, if the death resulted from negligence by hospital employees or if the hospital is liable under principles of apparent agency for physicians who appeared to work for the hospital. Indiana’s Medical Malpractice Act applies to qualified healthcare providers.

What types of losses can families recover?

Families can recover three main types of losses: medical expenses and funeral costs, lost income and benefits the deceased would have provided, and compensation for loss of love, companionship, and guidance. Each category requires proper documentation and often professional analysis to quantify.

Do I need a lawyer for a wrongful death claim?

You are not legally required to have a lawyer, but wrongful death cases are complicated. Insurance companies have attorneys. Hospitals and corporations have attorneys. The procedural requirements, evidentiary rules, and damage calculations all favor those who know what they’re doing.

What happens if multiple family members disagree about the case?

Disputes among beneficiaries can complicate wrongful death cases. The personal representative has legal authority to make decisions about the lawsuit, but distribution of proceeds follows Indiana’s statutory rules. An experienced attorney can help navigate family dynamics while focusing on the best outcome for everyone.

Most Dangerous Locations for Fatal Accidents in Indianapolis

Certain areas in Indianapolis see disproportionate numbers of fatal accidents. Knowing these locations may help, but it also underscores how common these tragedies are throughout the city.

Interstate 465, the highway encircling Indianapolis, regularly appears in fatal crash statistics. High speeds, heavy traffic, and merging patterns contribute to serious accidents. The I-465 and I-69 interchange has historically been problematic.

Interstate 65 and Interstate 70 through downtown Indianapolis carry massive traffic volumes. The “spaghetti bowl” where these interstates intersect sees frequent crashes.

Washington Street and Michigan Road are among the surface streets with higher fatal accident rates. Pedestrian deaths occur disproportionately on major arterial roads with high speed limits and limited crossings.

The east side of Indianapolis, including areas around East Washington Street and Shadeland Avenue, has experienced significant fatal crash numbers.

Construction zones throughout the city create temporary hazards. Construction site injuries and deaths affect workers and motorists passing through work zones.

What Are Important Local Resources for Indianapolis Wrongful Death?

Several local resources may help families dealing with wrongful death situations. These organizations provide various forms of support. We are not endorsing or affiliated with any of these organizations.

Indianapolis Metropolitan Police Department — (317) 327-3811. For obtaining police reports related to fatal accidents.

Marion County Coroner’s Office — (317) 327-4744. For autopsy reports and death investigations.

Marion County Clerk’s Office — (317) 327-4740. For probate matters and estate administration needed to file wrongful death claims.

Indiana State Police — (317) 232-8248. For state highway fatal crash reports.

Eskenazi Health — (317) 880-8000. Indianapolis’s public hospital and Level I trauma center.

IU Health Methodist Hospital — (317) 962-2000. Major trauma center in downtown Indianapolis.

Indianapolis Legal Aid Society — (317) 635-9538. For those who may qualify for free legal assistance.

DISCLAIMER: Pavlack Law does not endorse any of the above organizations and provides this information solely for reference purposes.

Contact Pavlack Law

Losing someone to another person’s negligence or recklessness changes everything for a family. The legal system provides a path to accountability and compensation, but navigating it while grieving is difficult.

At Pavlack Law, we handle wrongful death cases throughout Indianapolis and across Indiana. We work on contingency, so there’s no fee unless we secure compensation for you. A free consultation lets you understand your options without any obligation.

We respond promptly to inquiries because we know timing matters. Evidence disappears. Witnesses forget. Deadlines approach. The sooner we’re involved, the better we can protect your family’s rights.

Contact us to get started.