Indianapolis Wrongful Death Lawyer

Did you lose a loved one in a fatal accident in Indianapolis, IN?

At Pavlack Law, LLC, we provide dedicated wrongful death representation grounded in decades of plaintiff-side trial work.

If you lost a family member in Indianapolis because of another person’s or company’s negligence, an attorney can pursue a wrongful death claim that holds the responsible party accountable and addresses the financial harm your family now faces. Indiana law sets specific rules for who may bring these claims and what damages are available.

A Indianapolis, IN wrongful death lawyer at Pavlack Law, LLC can explain those rules and handle the legal process while your family grieves. Our firm has represented families since 2011. Reach out for a free, confidential consultation.

Wrongful Death Lawyer Indianapolis, IN

A wrongful death claim is a civil lawsuit brought when a person dies because of another party’s wrongful act or omission. In Indiana, the claim generally belongs to the personal representative of the deceased person’s estate, who files on behalf of the surviving spouse, dependents, and other eligible family members. A wrongful death lawyer investigates the cause of death, identifies the responsible parties, and pursues the damages Indiana law allows.

Injuries are the leading cause of death for Hoosiers between the ages of 1 and 44, and they caused 6,474 deaths in Indiana in 2023, according to the Indiana Department of Health. Those deaths include victims of crashes, falls, workplace incidents, and other preventable events, including families across Marion County.

Types of Wrongful Death Cases We Handle in Indianapolis

Fatal injuries happen on highways, in hospitals, on job sites, and on property that someone failed to keep safe. The circumstances of the death determine who may be responsible and which statute applies. Our Indianapolis wrongful death attorneys handle claims arising from the following.

• Car accidents. Speeding, distraction, and impairment cause fatal collisions on Indianapolis streets and interstates. We work to identify every driver and insurer involved.
• Truck accidents. Crashes involving semi-trucks are especially deadly for people in smaller vehicles. These claims often involve trucking companies and multiple insurance policies.
• Motorcycle accidents. Riders have little protection in a crash, and drivers who fail to see them cause many fatal collisions.
• Pedestrian accidents. People walking in Indianapolis face serious danger from inattentive or speeding drivers. We pursue claims on behalf of families who lost someone in a crosswalk or along a roadway.
• DUI accidents. Impaired drivers cause preventable deaths every year. Families may pursue civil claims regardless of the outcome of any criminal case.
• Medical malpractice. Missed diagnoses, surgical errors, and medication mistakes can be fatal. Medical claims follow special procedures, and we work within those requirements.
• Premises liability. Negligent security, unsafe structures, and hazardous conditions can lead to fatal injuries. Property owners may be responsible when they ignore known dangers.
• Boat accidents. Drownings and boating collisions on Indiana waterways, including those involving low-head dams, can support wrongful death claims.
• Construction site injuries. Falls, equipment failures, and struck-by incidents can be fatal. Families may have claims against contractors or equipment manufacturers in addition to workers’ compensation benefits.
• Bicycle accidents. Cyclists struck by vehicles often suffer fatal head and chest injuries. We investigate driver conduct and road conditions.

Why Choose Pavlack Law, LLC as My Wrongful Death Lawyer in Indianapolis, IN?

Experience With Wrongful Death Litigation

Wrongful death is one of the core areas of our practice, and these cases receive the same careful investigation we would expect for our own families. Eric S. Pavlack founded Pavlack Law, LLC in 2011 and has practiced law in Indiana since 1999. His wrongful death work has drawn coverage from the Indianapolis Star, FOX59, and WRTV, including cases involving deaths in custody and fatal incidents on Indianapolis waterways.

Eric is a member of the Indiana State Bar Association, the Indianapolis Bar Association, and the American Association for Justice. He has been selected to Super Lawyers from 2015 through 2025. Grieving families need that combination of experience and care from a personal injury lawyer in Indianapolis, IN.

Results for Families Who Lost a Loved One

Our firm has obtained millions of dollars recovered for grieving families and injured clients. Wrongful death results include:

• $6,000,000 for the widow and surviving children of a man who died due to negligence
• $1,800,000 for the family of a married father of four who died after a failure to diagnose a serious cardiac condition
• $1,250,000 for the family of a young man killed in a collision with a negligently operated semi
• $625,000 in a negligent security case for the family of a college student who was murdered

We handle wrongful death claims on a contingency basis. Families pay no attorney fee unless we make a recovery.

What Is Important to Understand About a Wrongful Death Case?

Damages, Liability, and Compensation for Wrongful Death Cases

A wrongful death claim requires proof that the death was caused by another party’s wrongful act or omission, meaning the deceased person could have brought an injury claim had they survived. Negligence is the most common basis. Indiana’s comparative fault rules also apply, so a family’s recovery can be reduced if the deceased person shared some fault, and barred if that share was greater than the combined fault of the other parties.

Indiana has three wrongful death statutes, and the one that applies depends on who died.

• General Wrongful Death Act. Applies when the deceased person was married or left dependents. Damages may include reasonable medical, hospital, funeral, and burial expenses, lost earnings, and the loss of love and companionship suffered by the spouse and dependents.
• Adult Wrongful Death Statute. Applies to unmarried adults with no dependents. Damages may include medical and funeral expenses and loss of love and companionship, but lost earnings are not recoverable, and companionship damages are capped at $300,000 in total.
• Child Wrongful Death Statute. Applies to unmarried children without dependents who are under 20, or under 23 and enrolled in college or a career and technical education program. Parents may recover for the loss of the child’s services, love, and companionship, along with medical and funeral costs and certain counseling expenses.

What Are Important Aspects of a Wrongful Death Case?

Wrongful death claims involve both legal and practical steps that families do not face in ordinary injury cases. A wrongful death lawyer will address the following early:

• Appointing a personal representative. Under the general and adult statutes, a probate court must appoint a personal representative to file the claim.
• Identifying the correct statute. Marital status, dependents, and age determine which law applies and what damages are available.
• The two-year deadline. Wrongful death claims must generally be filed within two years.
• Related criminal cases. A civil claim can proceed regardless of whether criminal charges are filed or how a criminal case ends. The civil claim focuses on compensation for the family, while a criminal case focuses on punishment.

What Is The Wrongful Death Case Timeline?

Every wrongful death case moves at its own pace, and families should not feel pressured to rush. Most cases handled by an Indianapolis wrongful death attorney follow a similar path:

1. Consultation. We meet with the family, learn what happened, and explain the process.
2. Estate setup. If needed, we help arrange for a personal representative to be appointed.
3. Investigation. We gather records, reports, and witness accounts, and consult professionals when needed.
4. Claim presentation. We present the claim to the responsible parties and their insurers.
5. Litigation and resolution. If negotiations fail, we file suit and pursue the case through discovery, mediation, and trial if necessary.

What Should You Bring to Your Wrongful Death Consultation?

We understand that gathering documents during a time of loss is difficult. If available, the following can help us evaluate the claim:

• The death certificate and any police, coroner, or incident reports
• Medical records and bills related to the final injury or illness
• Funeral and burial invoices
• Information about the deceased person’s income and dependents
• Names of the surviving spouse, children, and other close family members

The consultation is free and confidential. An Indianapolis wrongful death lawyer will listen to your family’s story, answer questions, and explain the options available under Indiana law.

Reach Out to Pavlack Law, LLC to Schedule a Consultation

No legal claim can undo a loss, but it can provide accountability and financial stability for the people left behind. Pavlack Law, LLC offers free consultations and represents families on a contingency basis, with no fee unless we make a recovery. We accept inquiries 24/7. Contact us to speak with an Indianapolis wrongful death lawyer.

Indianapolis Wrongful Death Infographic

Wrongful Death Statistics in Indianapolis

Preventable injuries take thousands of Hoosier lives every year. The leading causes vary by age, but traffic crashes, falls, and workplace incidents account for many of the deaths that later become wrongful death claims.

The figures below come from the Indiana Department of Health, the Indiana Crash Facts report, and the Bureau of Labor Statistics. They reflect how often negligence-related events end in death across the state. For a wrongful death lawyer in Indianapolis, these patterns also point to the evidence that matters most, from crash reports and restraint use to workplace safety records.

• Motor vehicle crashes were the leading cause of injury death for Hoosiers ages 15 to 24 in 2023, while falls were the leading cause for adults 65 and older.
• Indiana recorded 872 traffic deaths in 2024, the lowest number since 2016.
• Pedestrians, cyclists, and other non-motorists made up less than 1% of people involved in Indiana crashes in 2024 but accounted for 15% of traffic deaths.
• Only 44% of passenger vehicle occupants killed in Indiana crashes in 2024 were wearing restraints, compared with 91% of all occupants involved in crashes.
• Indiana recorded 135 fatal workplace injuries in 2024, according to the Bureau of Labor Statistics.

How Do Wrongful Death Cases Work in Indiana?

Families often have many questions about the legal process after a sudden death. The steps below describe how a typical Indiana wrongful death claim proceeds, and your wrongful death attorney can explain how each step applies to your family’s situation.

1. Determining whether a claim exists. The first question is whether another party’s negligence or wrongful conduct caused the death. If the deceased person could have brought an injury claim had they survived, a wrongful death claim may be available.
2. Identifying the right statute. Indiana’s general, adult, and child wrongful death statutes each have different rules for who may file and what damages are recoverable. Choosing correctly affects the entire case.
3. Appointing a personal representative. For most adult deaths, a probate court appoints a personal representative, often a spouse or adult child, to bring the claim on behalf of the estate and eligible survivors, although who can file differs when a child dies.
4. Investigating the death. Police reports, coroner findings, medical records, and witness accounts help establish what happened. In some cases, professionals in accident reconstruction or medicine review the evidence.
5. Calculating damages. Medical and funeral expenses, lost earnings, and the loss of love and companionship are documented according to what the applicable statute allows.
6. Presenting the claim. The personal representative or parents present the claim to the at-fault party’s insurer, often through a detailed demand.
7. Filing suit. If the insurer does not offer a fair resolution, the claim is filed in court within the two-year deadline.
8. Discovery and mediation. Both sides exchange information and take depositions. Many cases resolve through mediation at this stage.
9. Trial. If the case does not settle, a judge or jury decides liability and damages.
10. Distribution. Recovered funds are distributed according to the statute, with certain damages going to the estate and others to eligible family members.

Indianapolis Wrongful Death Lawyer FAQs

Who can file a wrongful death lawsuit in Indiana?

In most cases, the personal representative of the deceased person’s estate files the lawsuit. This is typically a spouse, adult child, or another person appointed by the probate court. When a child dies, the child’s parents or guardian may bring the claim under the Child Wrongful Death Statute.

How long does a family have to file a wrongful death claim in Indiana?

Wrongful death claims in Indiana must generally be filed within two years. Missing this deadline typically ends the claim. Because appointing a personal representative and investigating the death both take time, it is best to contact a lawyer early.

What damages can a family recover?

Available damages, including the types of losses families most often recover, depend on which statute applies. They may include medical, hospital, funeral, and burial expenses, lost earnings, and loss of love and companionship. Under the Adult Wrongful Death Statute, lost earnings are not recoverable and companionship damages are capped at $300,000.

How much does an Indianapolis wrongful death lawyer cost?

Pavlack Law, LLC handles wrongful death claims on a contingency basis. Families pay no attorney fees up front, and there is no fee unless we make a recovery. The initial consultation is free and confidential.

Can we file a civil claim if criminal charges were filed?

Yes. A wrongful death claim is separate from any criminal case, and the civil claim can proceed regardless of whether charges are filed or how the criminal case ends. The two cases use different standards of proof, so the outcome of any criminal charges does not control the civil claim.

Can parents file a claim if their adult child died?

Possibly. If the adult child was unmarried and had no dependents, the Adult Wrongful Death Statute may apply. A nondependent parent must show a genuine, substantial, and ongoing relationship with the adult child to recover companionship damages.

What if my loved one was partly at fault?

Indiana’s comparative fault rules apply. A recovery may be reduced by the deceased person’s percentage of fault, and it is barred if that share was greater than the combined fault of the other parties. Careful investigation can often limit fault arguments raised by insurers.

What if a loved one died from a medical error?

Deaths caused by medical negligence can support wrongful death claims, but these cases follow special procedures under Indiana law. We review medical records carefully and work within the requirements that apply to claims against healthcare providers.

Do we need to open an estate before contacting a lawyer?

No. Many families contact a wrongful death lawyer before any estate has been opened. We can explain whether a personal representative is needed, who is eligible to serve, and how the appointment process works. Starting the conversation early helps protect the two-year deadline while the family makes these decisions.

Will our family have to testify?

Some family members may be asked to give a deposition or testify at trial, particularly about their relationship with the person who died. Many cases resolve before trial, and we prepare family members for any testimony so they know what to expect. We understand how difficult these conversations can be and approach them with care.

How long does a wrongful death case take?

Some cases resolve within a year, while others take longer, especially when liability is disputed or multiple defendants are involved. We keep families informed at each stage and do not push for a resolution before the claim is fully developed.

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

A wrongful death claim compensates survivors and the estate for losses caused by the death. A survival action pursues the claim the deceased person had for their own injuries before death. Both may be available in the same case, and the difference between wrongful death and survival claims affects how each part of a recovery is distributed.

Important Resources for Indianapolis Wrongful Death Cases

What Are Important Indiana Legal Resources for Wrongful Death Cases?

The resources below explain where Indiana’s wrongful death and related statutes are published and how to find court information.

• Indiana Code Title 34 contains Indiana’s civil law and procedure statutes.
• Ind. Code § 34-23-1-1 is the General Wrongful Death Act, including its two-year filing deadline.
• Ind. Code § 34-23-1-2 is the Adult Wrongful Death Statute.
• Ind. Code § 34-23-2-1 is the Child Wrongful Death Statute.
• Ind. Code § 34-51-2 contains Indiana’s comparative fault provisions.
• The Self-Service Legal Center explains court procedures, including probate matters.

What Are Important Local Resources for Indianapolis Wrongful Death Cases?

These Indianapolis agencies may be involved after a fatal incident and can provide reports or records families need.

• Marion County Coroner’s Office: (317) 327-4744
• Indianapolis Metropolitan Police Department: Non-emergency line (317) 327-3811
• Mayor’s Action Center: (317) 327-4622 for city service questions

Pavlack Law, LLC does not endorse and is not affiliated with any organization listed above. These resources are provided for informational purposes only.

About Pavlack Law, LLC

Pavlack Law, LLC was founded on the belief that families facing tragedy deserve skilled representation, not just those with wealth or connections. Our results include a $1,125,000 settlement for the family of a man who received inadequate care in an ICU and died from preventable sepsis. Founder Eric Pavlack earned his J.D. from Indiana University’s McKinney School of Law in 1999.

What Our Clients Say

★★★★★

“Lance and Pavlack Law are amazing. They helped our family through a very difficult and challenging time and ultimately got our family a fair outcome. Very thorough people who works hard for their clients.”

GlorytoGod

Read more reviews on our Google Business Profile.

Additional Resources for Indianapolis Wrongful Death Cases

• How Indiana Wrongful Death Settlements Work
• How Indiana’s Wrongful Death Statute Works
• Can Parents Sue if Their Child Dies Wrongfully?
• Calculating Lost Wages in a Wrongful Death Scenario
• Dealing With Sudden and Untimely Death

Contact Pavlack Law, LLC

Losing someone to another party’s negligence leaves families with grief, unanswered questions, and financial pressures they never expected. Pavlack Law, LLC helps families understand their rights under Indiana law and pursue accountability from those responsible. We charge no fee unless we make a recovery, and your consultation is free and confidential. We will take the time to listen, explain the process, and answer your questions. Contact us to speak with a wrongful death attorney in Indianapolis.