Indianapolis Wrongful Death Attorneys

Fighting for Indiana Families

Losing a loved one because of someone else’s negligence is one of the most painful experiences a family can endure. Beyond the grief, devastated families often face financial uncertainty, unanswered questions, and a legal system that feels overwhelming.

At Ladendorf Fregiato & Bigler, our Indiana wrongful death lawyers guide families through the legal process with compassion, while fighting with the strength, skill, and persistence your loved one deserves. When we take your case, your fight becomes our fight.

“What stood out most was how they genuinely cared, not just about the process, but about me. If you’re looking for a team that will treat you with dignity and give you their full attention, this is the firm you want behind you.”

– J. Baker

What Is Considered a Wrongful Death in Indiana?

A wrongful death occurs when a person dies because of another party’s negligence, recklessness, or intentional act. These cases are civil claims brought under Indiana’s wrongful death statute, allowing certain surviving family members to recover compensation.

There are a number of scenarios in which a wrongful death suit can be brought against a liable party, including:

• Car accidents
• Trucking accidents
• Motorcycle accidents
• Bicycle accidents
• Boating accidents
• Medical malpractice
• Product liability

Even if there is an open criminal investigation against the person or entity responsible for your loved one’s death, you may still pursue a civil wrongful death lawsuit against the responsible party.

Indiana Wrongful Death Law: What Families Need to Know

Indiana has several wrongful death statutes, but they mostly focus on three things:

1. Who may file the claim

In most cases, the personal representative of the deceased person’s estate files the lawsuit. The people who may recover damages depend on whether the decedent was:

• An adult with dependents (spouse or children)
• An adult without dependents
• A child or minor

Friends, siblings, and more distant relatives generally cannot recover unless they qualify under the statute.

What to Expect With Your Case

Answer a few questions to get an initial idea what you might expect for your personal injury claim. Then contact us for a free consultation to discuss specifics.

2. What damages are available

While money cannot replace a loved one, it can protect your family’s financial future. Compensation in wrongful death cases depends on the facts of the case, available insurance, and the decedent’s family situation. Some claims — like medical malpractice or claims against governmental entities — may have statutory damages caps.

Whatever the situation, our attorneys at Ladendorf Fregiato & Bigler work with financial, economic, and industry experts to ensure everything is fully and accurately valued in your case.

Depending on the case, damages may include:

• Final medical bills
• Funeral and burial costs
• Lost wages and future earnings
• Loss of benefits (health insurance, retirement income, etc.)
• Loss of companionship, love, and emotional support
• Loss of parental guidance for children
• Loss of consortium for a surviving spouse
• An important note: wrongful death proceeds do not go through the probate estate, are not controlled by a will, and cannot be claimed by creditors.

3. Indiana’s wrongful death statute of limitations

In Indiana, you must file a wrongful death lawsuit within two years of the date of death. Missing this deadline means losing the right to pursue compensation.

Because some cases involve government agencies, additional notice requirements under the Indiana Tort Claims Act may apply. Our team at Ladendorf, Fregiato & Bigler ensures every deadline is met.

“Your Fight Is Our Fight”: How We Stand Up for Families

While every case is different, these two real examples show how our attorneys go beyond the surface, challenge assumptions, and uncover the truth, even when the odds appear stacked against a grieving family.

Case Story 1: A Pedestrian Fatality That “Should Have Been Worth Nothing” — Until We Dug Deeper

A man was killed in a pre-dawn highway crash while walking near his disabled vehicle. The crash report blamed him, and the striking vehicle had left the scene. Most firms would have turned this case away, but our attorneys saw inconsistencies and started digging.

What we uncovered:

• Law enforcement had made significant mistakes in the investigation.
• Scene photographs and technical analysis contradicted the official report.
• The driver who fled bore far more fault than initially documented.
• The crash was not as “open-and-shut” as authorities believed.

Outcome:

A case expected to be worth nothing settled for nearly $1 million, allowing the family to receive both answers and justice.

Case Story 2: A Motorcycle Fatality That Led to Safety Improvements in the Community

After a man was killed in a motorcycle crash, our attorney met with his widow and son at their home, staying closely connected as the case unfolded. While the case against the at-fault driver was relatively simple, insurance limits were unfortunately low.

How we fought for our client:

Ladendorf, Fregiato & Bigler pursued two claims in this case.

1. A claim against the at-fault driver (with low insurance limits)
2. A complex claim against the county for an intersection design that was inconsistent, confusing, and failed to meet safety standards.

Road-design cases against government entities are notoriously difficult. But the evidence told a clear story — and we refused to back down.

What we achieved:

• A settlement from the driver’s insurer
• Several hundred thousand dollars more from the county
• We were able to refer the widow to an estate-planning attorney to make sure that she was able to put the money to use to protect her family’s future
• The intersection was redesigned after the crash, preventing similar tragedies

This is what it means when we say Your fight is our fight.

“We had the pleasure of working with Dustin. He was very real and honest with us about our case. He always answered my questions and was there for our family during and after our lawsuit. We couldn’t have asked for a better outcome on our case, thanks to Dustin. Highly recommend!”

– Billie W.

Why Ladendorf Fregiato & Bigler is the Right Choice for Wrongful Death Cases

We’re not a big, impersonal firm where you end up working more with paralegals than actual attorneys. At Ladendorf Fregiato & Bigler, we’ve chosen our careers because we’re passionate about helping people who’ve suffered loss through someone else’s negligence. We fight for each of our clients as if they were family.

When you work with us, you get:

Vast experience with complex wrongful death investigations
We’ve helped many clients through complicated and difficult cases. We’re experts at accident reconstruction, scene analysis, defective product investigations, and government-liability cases.

Local strength and reputation

We have decades of combined experience representing families across Indianapolis and throughout Indiana.

A commitment to uncovering the truth

If something doesn’t add up in the police report or insurance file, we find out why.

Compassionate, personal representation

We take the time to learn about your loved one, your family, and how the loss has reshaped your life.

No fees unless we recover compensation

You never pay upfront. You only pay if we win.

Get Help After a Wrongful Death in Indiana

If you’ve lost a loved one, you don’t have to navigate this alone. Our Indiana wrongful death lawyers are here to answer your questions, explain your options, and fight for the accountability your family deserves.

Call 317-842-5800 or contact us online to schedule a free, confidential consultation.

“Compassionate and relentless – Matt got my aunt the justice she deserved!”

– Jennifer B.

Frequently Asked Questions about Wrongful Death Claims

What qualifies as wrongful death in Indiana?

Any death caused by another party’s negligence, recklessness, or intent, including traffic crashes, medical negligence, workplace incidents, dangerous property conditions, product defects, and more.

Who can file a wrongful death lawsuit in Indiana?

The personal representative of the decedent’s estate, on behalf of eligible survivors.

Who can receive compensation in an Indiana wrongful death claim?

Distribution of compensation depends on the statute that applies. For adults with dependents, compensation generally goes to:

• The spouse
• Dependent children
• Dependent next of kin

For adults with no dependents, damages may be limited. For children, parents or legal guardians may recover. View our wrongful death damages flowchart for more information.

Is there a statute of limitations for wrongful death in Indiana?

The statute of limitations for wrongful death in Indiana is two years from the date of death.

What if the claim involves a government entity?

In wrongful death cases that concern a government entity, you must file a Tort Claims Notice, often within 180 days. Missing this deadline can bar your claim entirely.

Can a wrongful death case be filed if the deceased person was partially at fault?

Yes, as long as the deceased person is not found to be more than 50% at fault. Indiana uses comparative fault to determine liability, which means that compensation is reduced by the decedent’s percentage of fault.

What evidence helps prove a wrongful death claim?

• Accident or police reports
• Medical records
• Scene photos and video
• Expert analysis and reconstruction
• Witness statements
• Phone data, black-box data, or surveillance footage
• Design-standard reviews (for road or property claims)

Are punitive damages available in Indiana wrongful death cases?

No. The wrongful death statute specifically excludes punitive damages.

How is compensation distributed?

Wrongful death damages are distributed based on Indiana’s statutory rules, often directly to spouses, children, or dependents. Wrongful death proceeds do not go through the probate estate, are not controlled by a will, and cannot be claimed by creditors.

What types of accidents most commonly lead to wrongful death claims?

Car crashes, trucking accidents, motorcycle collisions, construction incidents, medical negligence, dangerous property conditions, child injuries, and product failures are common causes for wrongful death.

Do I need an attorney for a wrongful death claim?

It’s highly recommended. These cases involve complex statutes, strict deadlines, insurance disputes, and often contested liability. Studies show that having an attorney in a personal injury case typically results in settlements nearly 3x higher.

Can I still file a claim if my loved one didn’t have a will?

Yes. Wrongful death compensation is determined by statute, not by a will.

Can creditors take wrongful death compensation?

No. Creditors cannot touch wrongful death proceeds.

How long do wrongful death cases take?

It varies. Some cases settle in months; others, especially those involving government entities or disputed liability, may take longer. We’ll keep you informed at every step.