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Wrongful Death Attorneys in Greater Indianapolis

Understanding Wrongful Death Claims in Indianapolis

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Who Can File a Wrongful Death Lawsuit?

Following an individual’s death, the responsibility for much of the aftermath typically falls on their closest relatives. Tasks such as organizing a funeral and handling personal belongings become the family’s burden. While it might seem logical that family members would be the ones to initiate a wrongful death lawsuit, there are some exceptions.

Initiating a wrongful death lawsuit necessitates the involvement of a personal representative from the deceased person’s estate. While this role often falls to a family member, like a spouse or adult child, it’s not a strict requirement. An attorney who managed the legal affairs of the deceased could serve as a suitable personal representative. In some cases, the deceased might have designated an estate representative in their will. Consequently, different people could potentially fulfill the role of the personal representative for the deceased’s estate.

If you have suffered the loss of a loved one due to an unfortunate wrongful death incident and intend to pursue a lawsuit, it’s important to consult with the personal representative of your loved one’s estate. In cases where uncertainty exists regarding the identity of the personal representative, our Indianapolis wrongful death lawyers can provide guidance. In situations where no formal estate process is in progress, we can initiate one and seek an appointment as the personal representative to keep the legal process moving.

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How Can a Stephenson Rife Accidental Death Lawyer Help?

Wrongful death cases present emotional challenges and legal complexities that require focused attention. The involvement of third parties, such as product manufacturers, maintenance personnel, or trucking companies, can further complicate this process. Many of these third parties are backed by comprehensive insurance policies designed to shield them from claims or legal actions. Their insurance providers often aim to evade compensation payouts by denying responsibility for the loss of your loved one to prioritize their interests.

Our wrongful death lawsuit attorneys in Indianapolis are dedicated to helping you with your case by:

• Leveraging our legal expertise and resources to gather evidence supporting your case
  
• Guiding you in legally expressing your pain and suffering within a wrongful death lawsuit
  
• Identifying parties who could be deemed liable for your loved one’s passing, which might require the initiation of multiple claims or lawsuits
  
• Advocating for your right to seek compensation for emotional distress, medical expenses, funeral expenditures, emotional trauma, and other damages that have impacted you and your family
  
• Striving to achieve groundbreaking verdicts that set new legal precedents, preventing others from undergoing the same hardships you’ve endured

Our Approach

Any time a family loses a loved one after a tragic event caused by someone else’s negligence, we understand that this affects everyone in the family. We try to meet with the grieving spouse, parent, and other family members that they want with them during this process.

We also work very closely with a number of counselors and therapists across the country who specialize in assisting families who have lost a loved one, because we recognize that the loss of a dear family member impacts everyone and not necessarily just the plaintiff or primary contact for the legal matter. We try to provide guidance or assistance in finding the appropriate counselors or therapists that the family may need.

We also do everything we can to find out the needs and desires of the family as it relates to the investigation into liability. Some family members want to be kept informed of all work that is done to prove how this tragic event occurred. Other families want nothing to do with the investigation as it reopens those wounds. With this in mind, our Greater Indianapolis wrongful death attorneys take a very personalized approach to each individual case. As we investigate liability in a case, we involve an entire team to determine how the event occurred. We hire the necessary experts immediately to perform an accident reconstruction and to preserve all of the evidence. Our internal team keeps a thorough record of what is gathered so we have critical documentation at hand as the case progresses. 

Often in a death event, the police are hesitant to provide all pertinent information if they are doing an investigation that could lead to criminal charges. They may not initially turn over their information to us, so we must collect our own information. Also, the police will keep the scope of their investigation focused on one question – are there criminal charges to be filed? Wrongful death lawsuits may benefit from evidence that the police are less interested in obtaining. 

If a police investigation does not result in criminal charges, families often find that any further evidence gathering slows or stops. Police resources are focused on criminal investigations, so no crime means little to no resources for further investigation. That can be jarring for families and can hinder a future wrongful death lawsuit. It is imperative that an investigation be done as quickly as possible so that critical evidence is not lost.  

An Example of a Wrongful Death Lawsuit

One tragic case we handled concerned the death of a young man who was driving to work one morning when a pickup truck owned by a large corporation crossed the center line, hitting our client’s vehicle head-on and killing him. The man left behind a wife and four children. Throughout our immediate and thorough investigation, we took over 60 depositions of different employees and hired one of the world’s best experts on sleep deprivation to build our case.

With the sleep deprivation expert’s assistance, and by taking the depositions of many coworkers, our wrongful death lawsuit attorneys established that the defendant driver was working for a company that required employees to work 12-hour shifts and then drive nearly two hours back and forth to and from the location where they were working each day. They would work two weeks on and take a week off.

As a consequence, the defendant driver was operating a vehicle with suboptimal amounts of sleep. In contrast, this national corporation had very stringent written guidelines for their employees to make sure the employees did not fall asleep while driving. They even had a sticker put in front of the passenger seats in the pickup trucks that stated, “This seat is not for sleeping.”

Yet, at the time of the crash, the front-seat passenger was asleep. It was later determined that the defendant driver of the pickup truck also fell asleep, and that is what caused him to go left of center. We were able to perform an intensive investigation and provide a detailed PowerPoint presentation with our evidence. At our final mediation, the defendant corporation asked for a copy of our presentation to better educate their employees.

Our attention to detail, expert-backed testimony, and tenacious pursuit of justice brought this case to a successful conclusion.

Our Wrongful Death Lawyers Can Represent You in Trials and Negotiations

Depending on the specifics of your situation, you might have the option to pursue compensation through avenues outside the courtroom. We are here to support you during the negotiation process, calculating potential financial restitution and intervening to counteract intimidation tactics.

However, there might be instances where negotiations turn hostile or detrimental to your case. Experience has shown that stepping back and presenting your case before a judge is prudent in such scenarios. While you’ll depend on the deliberation of a judge and jury to determine your rightful compensation, this legal intervention can also contribute to maintaining a more harmonious negotiation atmosphere.

Qualifying for a Wrongful Death Lawsuit in Indiana

There are a number of different factors that have to be considered in each case to determine if there is a basis to pursue a wrongful death claim. One of the first questions that has to be answered after someone’s death is whether there is any reasonable or practical means by which to recover compensation. 

There are many situations where a tragic death occurs but, unfortunately, because the death occurred at a person’s place of employment, the only recovery may be worker’s compensation. However, if the person dies and does not have a spouse or dependent children, there may be no right to recovery.

You must also consider if the person who caused the tragic event has any assets or any insurance. There are too many times to count where an individual has been killed by the negligent operation of a motor vehicle, but the person operating the vehicle that caused the crash has no assets and no insurance and the person who was killed does not have any underinsured motorist coverage. 

There are also situations where someone dies from a work-related incident but did not leave a surviving spouse or dependent children and, therefore, there is no recovery other than perhaps to pay for the medical and funeral expenses.  

There is also the practical question of what can be recovered. The Indiana wrongful death statute limits recovery to $300,000 if an adult with no spouse and no dependent children dies. In this situation, if there is questionable liability, it may not be reasonable or practical to have a wrongful death attorney even pursue a case, as these cases can be very expensive.  

What Compensation Is Available in a Wrongful Death Case?

Although compensation cannot replace your loved one, it can assist in covering various expenses associated with the accident. Let’s examine several potential expenses for which you might receive compensation in a wrongful death claim:

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Medical expenses incurred during your loved one’s treatment before their passing.

Loss of benefits that dependents might no longer access, including medical insurance.

Loss of income if the deceased was the main income provider and dependents relied on their earnings.

Funeral and burial costs, as you should not bear the financial burden of providing a proper farewell for your loved one.

While the mentioned expenses exemplify the compensatory aspects of a wrongful death case, there are additional damages that might also come into consideration. The precise amount of compensation you’re eligible to receive is influenced by various factors and hinges on the distinct circumstances of your particular case.

Wrongful Death Statistics

Our wrongful death attorneys in Indianapolis are well versed in the many tragedies that can befall individuals through no fault of their own. We take cases for a range of incidents, including:

• Motor vehicle crashes – Approximately 43,000 to 45,000 deaths each year are the result of motor vehicle incidents (CDC)
  
• Medical malpractice – An estimated 98,000 deaths per year are connected to medical errors and medical malpractice (Forbes)
  
• Workplace accidents – Every year, thousands of workplace incidents tragically result in death, with 2024 numbers showing a fatality rate of 5,070 (BLS)

If you’ve lost a loved one to one of these causes or something similar, you and your family have options. Let our wrongful death lawyers in Indianapolis review your case so you can have your day in court.

FAQs Answered by Our Indianapolis Wrongful Death Attorneys

Can a settlement be reached before trial in a wrongful death case?

Yes, many wrongful death cases are resolved through settlement before reaching trial. Settlement negotiations allow the parties to agree on compensation without needing a court trial. However, the case might proceed to trial if a fair settlement cannot be reached.

How does Indiana law define damages for wrongful death cases?

Indiana law is very clear on the damages that are recoverable in a wrongful death action:

• Medical
• Funeral
• Lost income
• Loss of love and affection
• Loss of parental guidance, in applicable scenarios

Medical, funeral, and lost income claims are merely financial calculations which are determined with the assistance of different experts.

The most challenging aspect is determining the value of loss of love, care, and affection. This literally depends on the relationship of the deceased to those family members who have the right to recover. This takes a significant amount of investigation and documentation to bring to life the person who is deceased and what that person’s relationship was with each family member who is entitled to recover under the Wrongful Death Act.

Our accidental death lawyers in Indiana can conduct such investigations and compile the necessary documentation to bring forward in a case and work toward a desired result.

How do you and your team support clients and their families throughout the litigation process?

We support our clients, both emotionally and practically, by making ourselves available to answer questions whenever those questions arise via text messages, emails, phone calls or meetings. We are always here to assist our clients.

We also provide names of counselors and therapists to help family members who need that assistance. Plus, we meet with the family and help them gather necessary documents at any point in time throughout the process. We also provide status reports to our clients no less than once a month to keep the family informed, unless they tell us they prefer not to be kept informed of everything.

What are some common misconceptions about pursuing a wrongful death claim?

Probably the most common misperception is that people believe the defendant and/or the insurance company for the defendant will want to do the right thing and will recognize that the family has suffered a tremendous loss and so will work to efficiently resolve the case.

People do not understand or appreciate that insurance companies, even the family’s own insurance company, will often have a very corporate mentality toward wrongful death matters and recognize them only as another claim that they need to resolve quickly for as little money as possible.  

Another challenge that arises is that you do not have the story of the person who died. When a wrongful death act occurs, typically the person who has died did so soon after the tragic event and you do not get a statement from that person to know the facts from their perspective. Gathering facts and evidence on behalf of the deceased becomes even more imperative, something our Shelbyville wrongful death lawsuit attorneys excel at.

How long does resolving a wrongful death case in Indianapolis take?

The timeline for resolving a wrongful death case can vary widely. It depends on factors such as the case’s complexity, the parties’ willingness to negotiate, court availability, and more. Some cases might settle within months, while others could take years to resolve.

It is very difficult to predict a timeline from initial consultation to final conclusion. If the event arises from a motor vehicle crash and there is limited insurance, the resolution time may be within six months. If the crash involves a corporation that has significant assets, it can easily take 18 months to two years. If the wrongful death arises from a healthcare issue and requires a medical malpractice wrongful death attorney, it changes the timeline completely as it can easily take five years. 

Is there a time limit for filing a wrongful death lawsuit in Indianapolis?

Yes, there is a statute of limitations for filing a wrongful death lawsuit in Indianapolis. Typically, this limit is two years from the date of the person’s death. Filing within this time frame is crucial to preserve your right to compensation.

Client Testimonials

Individuals who have been through a traumatic event need care and compassion during their trying times, but they also need someone in their corner who will fight for their rights. Our wrongful death lawyers in Indiana have aided many families throughout the years, helping them attain justice.

Contact Our Indianapolis Wrongful Death Attorneys Today

The empathetic attorneys at Stephenson Rife have experience in managing wrongful death cases. We recognize that financial compensation cannot erase the pain of your loss, yet it can reduce the economic strains that might hinder your grieving process. Contact us at (317) 733-5904 or through our online form for a free consultation.

M. Michael Stephenson

Founding Partner

Attorney Mike Stephenson has 40 years of experience and is a trusted advisor to many individuals and companies. His current practice is dominated by civil litigation in state and federal courts. He focuses much of his time on handling catastrophic injuries caused by all types of accidents, including car wrecks, semi, industrial, product liability, and fire, just to name a few. He also works extensively in construction-related matters.

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Brady J. Rife

Founding Partner

Brady Rife has developed a diverse civil litigation practice for plaintiffs throughout Indiana. Brady is heavily involved in serious personal injury matters, complex business and commercial disputes, and insurance litigation in state and federal courts. Brady has successfully tried several jury trials and bench trials as lead counsel and has also briefed multiple cases before the Indiana Court of Appeals.

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