Losing someone you love because of another person’s carelessness or wrongdoing is devastating. When tragedy strikes, a Fort Wayne wrongful death lawyer can help families pursue justice and financial stability in the face of loss. Wrongful death claims are not only about recovering compensation; they are about holding negligent parties accountable and ensuring families are not left struggling in the aftermath of a preventable tragedy.
At Team Green Law, we stand beside grieving families across Fort Wayne, Indianapolis, Terre Haute, and throughout Indiana. Our firm’s mission is simple: provide relentless advocacy with compassion and integrity. We handle the legal burdens so you can focus on healing. With our Fair Fee Guarantee, we promise never to take more in fees than you receive in recovery. We also offer free consultations so that you can speak with our team without financial worry.
Why Choose Team Green Law
At Team Green Law, we understand that a wrongful death claim is about more than money; it’s about seeking justice for your loved one and protecting your family’s future. We are known across Indiana for our commitment to integrity, teamwork, and accountability.
Our attorneys bring extensive experience handling wrongful death and catastrophic injury cases, particularly those involving trucking companies, defective products, and workplace safety violations. We take pride in standing up to powerful corporations and insurers that try to minimize payouts or deny responsibility.
When you hire Team Green Law, you can expect:
- Personalized guidance tailored to your family’s needs
- Transparent communication throughout your case
- A team-based approach ensuring every legal angle is covered
- The Fair Fee Guarantee, where we never take more in fees than you recover
You’ll never pay us up front. We work on a contingency fee basis, meaning you owe nothing unless we win your case.
Understanding Wrongful Death in Indiana
Under Indiana law, a wrongful death occurs when someone’s negligent or intentional act causes the death of another person. Common examples include fatal car or truck accidents, medical errors, workplace incidents, and defective products. When this happens, the law allows certain family members or a representative of the estate to file a civil lawsuit seeking compensation for the financial and emotional harm caused by the death.
The goal of a wrongful death claim is to replace, as best as possible, the financial and emotional support the deceased provided. While no amount of money can undo the pain of loss, a fair settlement can relieve financial strain and bring a sense of closure.
Who Can File a Wrongful Death Claim in Indiana?
In Indiana, the right to bring a wrongful death claim depends on the victim’s age and family situation. According to Indiana Code § 34-23-1-1, the action must be filed by the personal representative of the deceased person’s estate. This representative, often a spouse, parent, or adult child, files the lawsuit on behalf of the surviving family members.
For adults, recoverable damages may benefit the surviving spouse, children, or other dependents. If the deceased was a child, Indiana Code § 34-23-2-1 specifies that the parents or legal guardians may file the action. In cases where parents are divorced or separated, the court determines how any damages are divided.
If the deceased has no dependents, damages may still be recoverable for medical expenses, funeral costs, and the loss of love and companionship.
Because wrongful death laws can be detailed and situation-specific, working with an experienced Fort Wayne wrongful death lawyer from our firm ensures that the right individuals are represented and that the case complies with all procedural requirements.
The Indiana Statute of Limitations for Wrongful Death
Timing is critical in wrongful death cases. Indiana law gives families two years from the date of death to file a lawsuit. Missing this deadline generally means losing your right to pursue compensation, no matter how strong your case may be. This two-year window allows time to investigate the circumstances of the death, gather evidence, and identify all potentially responsible parties.
However, investigations take time, especially when the cause of death involves corporate negligence, defective machinery, or multiple defendants. Speaking with an Indianapolis wrongful death attorney as soon as possible allows your legal team to preserve critical evidence, obtain witness statements, and build the strongest case possible.
Common Causes of Wrongful Death in Fort Wayne
Sadly, wrongful deaths occur in many different ways. The most common causes include:
- Motor vehicle accidents – Indiana highways and city streets see fatal crashes every year, often due to distracted driving, speeding, or impaired driving.
- Truck accidents – Semi-trucks and commercial vehicles pose serious risks when companies fail to maintain their fleets or push drivers beyond legal hours.
- Workplace accidents – Industrial and construction jobs can lead to fatal injuries if employers disregard safety standards.
- Medical negligence – When a healthcare provider fails to meet accepted medical standards, patients can suffer fatal outcomes.
- Defective products – Dangerous consumer or industrial products can lead to deadly injuries, holding manufacturers liable under product liability law.
- Premises accidents – Property owners who fail to maintain safe conditions may be responsible if hazards cause fatal injuries.
No matter how the loss occurred, families deserve accountability. A Fort Wayne wrongful death lawyer will work to uncover the full story, often through accident reconstruction, expert testimony, and careful review of company or medical records.
Recoverable Damages in a Wrongful Death Case
Compensation in wrongful death cases is meant to cover both financial losses and intangible emotional suffering. Depending on the facts, damages may include:
- Medical and hospital expenses related to the final injury or illness
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Loss of love, care, and companionship for surviving family members
- Loss of parental guidance for children left behind
Indiana law limits certain types of damages depending on the relationship between the deceased and the survivors. For example, the Adult Wrongful Death Act restricts recovery for individuals without dependents to medical, funeral, and companionship losses, but not future earnings. A knowledgeable attorney can help ensure that every avenue for compensation is pursued under the correct statute.
Proving Negligence in a Wrongful Death Case
To recover damages, the plaintiff (party filing the lawsuit) must prove that the defendant’s negligent or wrongful conduct caused the death. This involves showing four legal elements:
- Duty of care – The defendant had a legal responsibility to act reasonably to prevent harm (e.g., drivers must follow traffic laws).
- Breach of duty – The defendant failed to meet that standard through reckless or careless actions.
- Causation – The breach directly caused the death.
- Damages – The death resulted in measurable losses to the surviving family or estate.
Evidence may include accident reports, witness statements, safety records, medical testimony, or corporate documents. For instance, if a trucking company failed to inspect its vehicles properly, maintenance logs could show clear negligence.
Our experienced Fort Wayne wrongful death lawyers know how to collect and present this evidence to meet Indiana’s burden of proof and demonstrate liability to the insurer or, if necessary, a jury.
Contact a Fort Wayne Wrongful Death Lawyer Today
If you’ve lost a loved one due to someone else’s negligence, don’t wait to get the help your family deserves. Speak with a dedicated Fort Wayne wrongful death lawyer at Team Green Law for compassionate, knowledgeable representation.
We are proud to serve families throughout Fort Wayne and the surrounding areas, helping them seek justice and rebuild after tragedy. Our team offers free consultations and handles every case with the respect and care it deserves. To learn more or discuss your case, please contact us to schedule your free consultation. We’re ready to listen, fight, and stand by your side.
