Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Tanya Shrivastava
Tanya is a former corporate lawyer turned copywriter and legal content writer. Through her writing, she aims to make the legal world less intimidating and more relatable. When she's not working, you can find her exploring random topics on the internet or reading fiction and books on human psychology.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
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Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
If you need to file a wrongful death claim, Forbes Advisor has created a list of the best wrongful death lawyers in Indianapolis who can help you through the entire process. Most of these attorneys have been nationally recognized for their services and have years of experience representing clients in wrongful death cases.
We have also prepared a brief guide to the wrongful death laws in Indiana that can help you understand your rights and duties during the legal proceedings.
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Best Wrongful Death Attorneys in Indianapolis
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Filing a Wrongful Death Lawsuit in Indiana
If someone dies due to a wrongful act or omission of another, it is categorized as a wrongful death. The personal representative of the deceased person then has the right to collect damages from whoever is responsible for the death. Below is a brief guide to understanding the legal requirements to file a wrongful death lawsuit in Indiana.
Indiana Statute of Limitations for Wrongful Death Cases
The law mandates a specific timeframe within which lawsuits must be filed following the occurrence of a wrongful act. This timeframe is known as the statute of limitations. It is essential to keep a record of the statute of limitations, as failure to start legal proceedings against the defendant before the expiration of the specified time may keep you from recovering anything.
In Indiana, the statute of limitations for wrongful death cases is two years from the date of death. However, in cases where a minor under six years of age suffers wrongful death due to medical malpractice, a lawsuit can be filed until the child’s eighth birthday. Failure to approach the court within the specified timeframe will most likely result in the defendant filing a request for dismissal of the case, which the court will accept.
Indiana Wrongful Death Laws
- Eligibility to File. For the death of any unmarried person without dependents below the age of 20 years (or 23 years if they are enrolled in college or technical school), one or both of the parents can file a wrongful death claim against the defendant. But for the wrongful death of an adult, only the executor is allowed to file a wrongful death claim.
- Damages Caps. In case of a wrongful death of an unmarried adult who does not have any dependents, the Indiana law limits the damages awarded for the loss of love and companionship to $300,000. In these cases, the personal representative or executor cannot claim any damages for the loss of earnings of the deceased.
If a government entity or public employee was responsible for causing the wrongful death while they were working within the scope of employment, the total payable damages could not exceed $700,000. The total damages cannot exceed $1.8 million in a medical malpractice wrongful death case.
- Other Limitations. If a parent or a non-dependent child files a wrongful death claim for the death of an unmarried person who does not have any dependents, they have to prove that they had a genuine and ongoing relationship with the deceased before their death.
In case of a wrongful death of a child with divorced parents, the parent who was awarded the custody of the child can file the lawsuit.
Wrongful Death Settlement Considerations
When you file a claim with an insurance company, they must acknowledge it promptly and begin the implementation of reasonable standards for investigation. They must inform you within a reasonable time whether your claim has been denied or accepted. And if your claim is accepted, the insurer must start a prompt, fair and equitable settlement of your claims.
After the compensation is determined, the amount is distributed as per the laws of the state. In case of a wrongful death of a child, the parents jointly, if both had custody, or the custodial parent or grandparent and non-custodial parent of the child receive the damages.
If the deceased was an adult, any amount left after the reimbursement of the estate gets distributed between the widow or widower, dependent child and dependent next of kin. If the person was not married and did not have dependents, any amount left after estate reimbursement is awarded to the parents or non-dependant children of the deceased.
Some compensation received in wrongful death claims is not taxable by the IRS. This is because any amount received to compensate for personal physical injuries is excluded from the gross taxable income. However any amount received to compensate for emotional distress and punitive damages can be included in your taxable income. An experienced wrongful death lawyer in Indianapolis can give you an accurate idea of your tax liability as per the breakdown of your final settlement or verdict.
How Can an Attorney Help You?
Since you may not be in the best mental state to handle the myriad requirements for receiving fair compensation after your loss, your lawyer will take over all the legal requirements for you. They will guide you through every step of filing your claim and represent you against the insurance companies and defense lawyers.
As soon as you reach out to a wrongful death lawyer in Indianapolis, they will start collecting evidence and witness testimony to build a strong case for you. They will help you file your claim with the insurance company and negotiate a settlement amount on your behalf.
Insurance companies do not always offer their best settlement amount in the first round. Your attorney can help you determine the appropriate compensation and make sure you receive the amount you deserve. If the insurance company refuses to offer an appropriate amount, your attorney will file a lawsuit and represent you in court.
How to Find the Best Wrongful Death Lawyer in Indianapolis, IN
Filing a wrongful death case can be distressing, both emotionally and physically. Having the right lawyer by your side can make the entire process a little easier for you. Here are a few things you can keep in mind while looking for a lawyer to represent you.
- Fees. Most wrongful death lawyers in Indianapolis charge on a contingency basis, meaning they will take a percentage of the compensation you win as their fee. But you must discuss the fee structure, including any additional charges and possible increases in fees if the case goes to trial so that you can budget accordingly.
- Experience. Wrongful death laws are a vast subject, and the provisions applicable to you depend on the particular facts of your case. So, you should always look for a lawyer who has significant experience in cases similar to yours. A lawyer who has successfully dealt with similar cases will have the knowledge and strategies to help you win the best compensation.
- Compatibility. Since you will be spending a significant amount of time with your lawyer during this difficult period of your life and divulging a lot of personal information to them, it is always a good idea to hire a lawyer you feel comfortable with. Before making the final hiring decision, you should talk to a few lawyers and check your compatibility with them and their working process.
Methodology
To come up with the best wrongful death lawyers in Indianapolis of 2023, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is the burden of proof for wrongful death?
Wrongful death cases are civil lawsuits. Unlike criminal cases where the guilt of the defendant has to be proven beyond any reasonable doubt, in wrongful death cases, the burden of proof is a preponderance of the evidence. This means the plaintiff has to prove that the wrongful act or omission that led to the death was more likely than not caused by the defendant. In both criminal and civil matters, the burden of proving conviction generally lies on the party filing the lawsuit.
What is considered wrongful death in Indiana?
Under Indiana law, wrongful death is defined as the death of one person caused by a wrongful act or omission committed by another. So, if a person had a duty of care towards another and they failed to fulfill their duty by an act or omission and it led to the death of a person, they can be held liable for wrongful death in Indiana. If your loved one died as a result of negligence, you should reach out to a wrongful death lawyer in Indianapolis to understand your options.
What are pain and suffering damages for wrongful death?
As per the laws in Indiana, a surviving spouse, dependent children or dependent next of kin can claim compensation for the loss of love and affection after the wrongful death of a person. There are no caps on these damages. However, the state limits similar compensation for the wrongful death of an unmarried person without dependents. In these cases, the living non-dependent children and parents cannot receive more than $300,000 as non-economic damages for loss of love and companionship.
