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.

Wrongful Death Statistics in Indianapolis

Most wrongful death claims start with something preventable. The CDC reports that accidents, or unintentional injuries, caused roughly 197,000 deaths in a recent year, which ranks them among the leading causes of death nationwide. For people between the ages of 1 and 44, unintentional injury is the leading cause of death. Behind many of those numbers are the same hazards we see across Marion County: vehicle crashes, falls, and the choices of impaired drivers. A statistic never captures one family’s loss. But the data shows how often these deaths trace back to a decision someone else made, and that is the heart of a wrongful death case.

Mistakes That Can Damage Your Wrongful Death Claim

Grief and legal deadlines make a brutal combination. Families carrying that weight sometimes make choices that quietly weaken a claim, usually without knowing it. These are the missteps we most want you to avoid.

• Waiting too long to act. Indiana sets firm deadlines, and evidence does not wait for anyone. Skid marks get paved over. Vehicles get repaired. Witnesses move and forget. Acting promptly protects the case while the facts are still reachable. We understand the urge to wait until life feels steadier. The law, unfortunately, does not pause with you.
• Assuming you know who can file. A wrongful death claim is not filed the way an injury claim is. It runs through the estate and a personal representative, and the rules about who can file depend on the family’s makeup. File the wrong way, or through the wrong person, and the whole matter can stall. We settle this at the very start.
• Undervaluing the loss. Families often think only about the funeral bill and a final hospital stay. The recoverable losses usually run much deeper, into lost financial support and the loss of care and companionship. Settling before those are measured leaves real money on the table, and you rarely get a second chance at it.
• Talking to the insurer alone. An adjuster may call within days, sounding genuinely kind. That early call is seldom in your favor. One of the common missteps we see is a grieving family giving a recorded statement that resurfaces later, twisted into something it was never meant to be. You can hand those calls to us.
• Treating the criminal case as the whole story. When someone is charged, families sometimes assume justice is being handled for them. It is not the same thing. A criminal case and a civil wrongful death claim run on separate tracks, with different goals. A conviction is not required for your family to recover, and an acquittal does not close the civil door.
• Posting about it online. After a loss, people will often share the details online. Defense lawyers and insurers read what gets posted, and an offhand caption can be reshaped to suggest the family is doing fine or that fault is murky. We are not asking you to vanish from the internet. We are asking you to be careful, and to check with us before you post anything about the case.

Indianapolis Wrongful Death Lawyer FAQs

How long do we have to file a wrongful death claim in Indiana?

Indiana generally gives families two years from the date of death to bring a wrongful death claim, under the state’s statute of limitations. A few circumstances can shift that window in either direction. Because proof gets harder to gather as months pass, we encourage families to ask early, even when they are nowhere near ready to commit to a lawsuit.

How much does a wrongful death attorney cost?

We take these cases on contingency. There is no fee unless we recover for your family, and the first consultation is free. You will not see a bill while the claim is pending. Our fee comes out of the recovery at the end, as a percentage, which keeps our interests and your family’s pointed in the same direction.

Who actually receives the compensation?

A wrongful death claim is filed through the estate, but the recovery is meant for the surviving family. How it gets distributed depends on who survives the person who died. We walk families through this part early, so no one is surprised later about who is included or how a settlement would be shared.

Is a wrongful death claim the same as a criminal case?

No. The criminal case belongs to the state, and it aims at punishment. Your wrongful death claim is a civil matter the family controls, and it focuses on accountability and compensation. It can move forward whether or not charges are ever filed, and a not-guilty verdict does not end your right to pursue the civil claim.

What can a wrongful death claim recover?

Generally, compensation covers the family’s economic losses, like lost financial support and final expenses, along with the loss of care, guidance, and companionship. The exact types of losses depend on the relationship and the facts. When the person who died was a provider, we bring in qualified professionals to value future losses.

What if my loved one was partly at fault?

Indiana follows a modified comparative fault approach. A recovery can be reduced by the share of fault assigned to your loved one, and it is barred only if that share climbs past half. Insurers lean on this hard. It is one more reason to lock down the facts early, before evidence and memories slip away.

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

They often travel together but pay for different things. A wrongful death claim addresses the family’s losses. A survival action addresses what the person endured before death, such as conscious pain and final medical expenses. Which claims apply depends entirely on the facts, and we look at both rather than assuming.

How is lost income calculated when the person supported us?

We usually work with economists and other professionals to project what the person would have earned and contributed across a lifetime. Calculating lost financial support accounts for raises, benefits, and household services, not just a single paycheck. It is one of the more detailed pieces of building a fair claim.

Will we have to go to trial?

Often, no. Many wrongful death claims settle. We still build every file as though it could be tried, because that level of preparation tends to move insurers toward fair numbers. If a fair settlement never comes together, we are ready to put the case in front of a jury.

What if a serious injury turned fatal weeks later?

That happens, and it reshapes the claim. A matter that began as a brain injury or spinal cord injury case can become a wrongful death claim if the person later dies of those injuries. We adjust the approach while preserving the work already done on the original injury claim.

Local Information for Indianapolis Wrongful Death Cases

After a sudden death in Marion County, families often deal with local agencies long before anyone mentions a lawsuit. The offices below are common points of contact for records, reports, and care in the days and weeks that follow.

What Are Important Local Resources for Indianapolis Wrongful Death Cases?

These public offices and providers come up most often after a wrongful death in the city. Each one can be a starting point for the documentation a claim later relies on.

• Marion County Coroner’s Office. (317) 327-4744. Investigates and determines the cause and manner of death in sudden or unusual cases, and releases reports to next of kin.
• Indianapolis Metropolitan Police Department. (317) 327-3811 for non-emergencies. Produces the incident and investigation reports that a wrongful death claim often depends on.
• Eskenazi Health. (317) 880-0000. Home to Indiana’s first adult Level I trauma center, where many critically injured patients in the region are treated.

We list these as public points of contact only. Pavlack Law, LLC is not affiliated with any of them, and naming them here is not an endorsement of them or by them.

About Pavlack Law, LLC

Pavlack Law, LLC represents only injured people and grieving families, never the insurance companies on the other side, and we built the firm around that single focus. Our practice has secured multimillion-dollar results in fatal-negligence matters, including a settlement for a widow and her children after a preventable death. We keep our caseload deliberate, so the families we serve are never handled as file numbers.

What Our Clients Say

★★★★★

“Eric Pavlack handled my father’s case with the professionalism and care it required. He kept up communication extremely well and oversaw the situation with care, even after long periods of waiting. He is truly exceptional.”

Desirae M.

Read more reviews on our Google Business Profile.

Contact Pavlack Law, LLC

If your family is weighing a wrongful death claim, we are ready to talk whenever you are. The consultation is free and confidential, and there is no fee unless we recover for you. We will listen to what happened, explain how Indiana wrongful death claims work in plain language, and lay out the options as we see them. There is no obligation to move forward after we talk. Contact us by phone or through our website, and a member of Pavlack Law, LLC will follow up to find a time that works for you.