Indianapolis Wrongful Death Lawyer
Trusted Indianapolis wrongful death lawyers with over 50 years of combined experience.
At Pavlack Law, LLC, our Indianapolis, IN wrongful death lawyer team has been representing grieving families for decades, and we take these cases on contingency, meaning no fee unless we recover compensation. Call us today to schedule your consultation!
Wrongful Death Lawyer Indianapolis, IN
Our Indianapolis wrongful death lawyer represents the surviving family members and the estate of a person who died because of another party’s negligence or wrongful conduct. Indiana has a specific statutory framework that governs these claims, including who may file, how damages are calculated, and how the recovery is distributed among survivors.
A wrongful death case is brought on behalf of the estate, but the damages are intended to compensate the survivors for their losses. The rules differ depending on whether the deceased was an adult, a child, or an unmarried adult without dependents. Each category has its own procedural and damages framework under Indiana law, and an experienced wrongful death attorney in Indianapolis understands how those distinctions affect the case.
Types of Wrongful Death Cases We Handle in Indianapolis
We have represented families in wrongful death matters arising from a wide range of negligent and wrongful conduct. Every case begins with the same starting point: understanding what happened and identifying every party who may bear responsibility. The cases below are the kinds of wrongful death matters our attorneys handle most often.
- Car accidents. Motor vehicle collisions remain a leading cause of wrongful death in Indiana, including crashes caused by impaired drivers, distracted drivers, and speeding.
- Truck accidents. The size and weight of commercial vehicles often produce fatal outcomes for occupants of passenger cars. Federal trucking regulations and the carrier’s safety record become central to these cases.
- Motorcycle accidents. Riders are exposed to significantly higher risks in collisions, and these cases often involve disputes over fault and visibility that require careful reconstruction.
- Pedestrian accidents. Pedestrians and cyclists struck by motor vehicles frequently suffer fatal injuries, and we pursue claims against drivers, employers, and any other responsible parties.
- Medical malpractice. When a medical error causes death, the family may pursue both a wrongful death claim and a medical malpractice claim under Indiana’s separate statutory framework.
- Construction site injuries. Falls from height, struck-by incidents, electrocutions, and equipment failures are leading causes of fatal workplace injuries on construction sites.
- Premises liability. Fatal falls, drownings, fires, and assaults caused by inadequate security may give rise to wrongful death claims against property owners and managers.
- Nursing home neglect and abuse. When inadequate care, medication errors, or untreated infections result in death, the facility and its staff may be held accountable.
- Drowning and water-related fatalities. Indiana has low-head dam hazards and other water risks that produce fatal outcomes when warnings are inadequate.
- Defective product fatalities. When a product malfunction causes a death, the manufacturer, distributor, and retailer may all face liability under product liability principles.
We also handle wrongful death cases involving catastrophic injuries that ultimately prove fatal, where the case may begin as a personal injury claim and transition into a wrongful death matter as the medical situation evolves.
Why Choose Pavlack Law, LLC for Wrongful Death Cases in Indianapolis, IN?
Local Knowledge and Decades of Indiana Practice
Founder Eric Pavlack has practiced law in Indiana since 1999. He earned his B.S. in Biology and his J.D. from Indiana University, and he is admitted to practice in Indiana state courts, the U.S. District Courts for the Southern and Northern Districts of Indiana, and the Seventh Circuit Court of Appeals. He has been recognized as a Super Lawyer every year from 2015 through 2025, and previously as a Super Lawyers Rising Star.
Colin Flora and Lance Ladendorf also handle wrongful death cases for our firm. The three of us bring roughly 50 years of combined practice to every matter we accept.
Proven Results
We have recovered millions of dollars for grieving families across Indiana, including settlements in cases involving fatal motor vehicle collisions, medical negligence, and other negligent conduct that took a loved one too soon. Our Indianapolis personal injury lawyer firm focuses on the families we represent rather than on case volume. Eric is a member of the Indiana State Bar Association, the Indianapolis Bar Association, and the American Association for Justice. We work on contingency. There is no fee unless we recover compensation.
Indianapolis Wrongful Death Infographic
Understanding Wrongful Death Cases
Damages, Liability, and Compensation in Wrongful Death Cases
Indiana wrongful death claims are governed by separate statutes depending on the deceased’s circumstances. The General Wrongful Death Act covers most adults. The Adult Wrongful Death Statute covers unmarried adults without dependents. The Child Wrongful Death Statute covers minors. Each has different rules about who can recover and what damages are available.
Damages in a wrongful death case typically include the following categories:
- Reasonable funeral and burial expenses
- Medical, hospital, and related expenses incurred before death
- Lost earnings and the loss of the deceased’s expected financial contribution
- Loss of services, care, and companionship for the surviving family
- Loss of love and affection in cases involving the death of a child
- Damages to the estate for administration costs
Liability follows the same general principles as other negligence cases, including modified comparative fault. If the deceased was 50 percent or less at fault, the family can still recover, although the award is reduced by the deceased’s share of fault.
Important Aspects of Your Wrongful Death Case
Wrongful death cases involve procedural steps that do not appear in ordinary injury claims, and the early decisions in a case often shape its trajectory.
- Appointment of a personal representative for the estate, which is required to bring the claim
- Identification of all eligible beneficiaries under Indiana’s wrongful death statutes
- Preservation of evidence from the underlying incident, often before the family is ready to engage in litigation
- Coordination with criminal proceedings if the death involved criminal conduct
- Calculation of economic losses by qualified experts when the deceased was a wage earner
These cases require sensitivity and patience, but the legal deadlines do not pause for grief, which is why early consultation matters.
Wrongful Death Case Timeline
Wrongful death cases generally take longer to resolve than other personal injury matters because of the additional procedural requirements and the complexity of establishing damages. A rough timeline looks like this:
- Initial investigation and appointment of a personal representative during the first several months
- Gathering of records, evidence, and expert opinions on causation and damages
- Demand and pre-suit negotiation with insurance carriers and defendants
- Filing the lawsuit and conducting written and deposition discovery
- Mediation, settlement discussions, or trial
Some cases resolve within a year through settlement when you work with our Indianapolis wrongful death lawyer. Others continue through full litigation and trial, particularly when liability is contested.
What to Bring to Your Wrongful Death Consultation
Bring whatever you have, and we will help you obtain the rest.
- The death certificate and any autopsy or coroner’s report
- Police reports, accident reports, or incident documentation
- Medical records related to the incident and final treatment
- Information about the deceased’s employment, income, and dependents
- Any correspondence from insurance companies or potentially responsible parties
The consultation typically lasts 30 to 45 minutes and can be conducted by phone, video, or in person. We will walk through what happened, explain how Indiana’s wrongful death law applies, and answer your questions.
Indiana Legal Resources for Wrongful Death
The references below are starting points if you would like to look up Indiana law on your own. They are general resources rather than legal advice on your specific situation.
- The Indiana statute of limitations for most personal injury and wrongful death claims is two years, set forth at Indiana Code 34-11-2-4.
- Indiana’s modified comparative fault statute appears in the Indiana Comparative Fault Act.
- The Indiana Wrongful Death Act sets out the framework for general wrongful death claims, the Adult Wrongful Death Statute, and the Child Wrongful Death Statute.
- General injury and fatality data is published by the CDC injury prevention page.
Reach Out to Pavlack Law, LLC to Schedule a Consultation
If you have lost a loved one because of someone else’s negligence in Indianapolis, talk to our wrongful death attorneys when you are ready. The consultation is free and confidential, and we do not collect a fee unless we recover compensation. We will explain how Indiana law applies to your situation, what we would investigate, and the realistic value of your claim. We respond to new inquiries promptly. Contact us today to schedule a consultation with our Indianapolis wrongful death lawyer.
Class action lawsuits for construction contractors who were overcharged by ready mix concrete suppliers due to price-fixing conspiracy.
Settlement for the widow and surviving children of a man who died due to negligence.
Settlement for a woman paralyzed from the waist down in a car collision.
Achieved the state's maximum settlement amount in a medical malpractice case for the widow of man who died due to doctors' negligence.
Settlement on behalf of a business partner who was forced out of his company.
“The team at Pavlack Law, LLC, LLC was professional, loyal, and hardworking from beginning to end. Even when I didn’t know if I had a case, they were extremely helpful and demonstrated their expertise from our first consultation all the way through trial.”
“Eric Pavlack and his associates are a great legal team! Anytime I had questions they were always very helpful and got back to me right away. Throughout the whole process they made sure I was comfortable moving forward with each step. I recommend Pavlack Law, LLC, LLC to anyone looking for legal representation.”
“Attorney Pavlack has represented me and my family for years in various cases including Title Insurance, Wills, General Legal Matters and Social Security. He is always efficient and willing to work around our busy schedules. Highly recommended.”
