Indianapolis & Indiana
Losing a family member because of someone else's carelessness is devastating. Nothing can replace them. Indiana law may allow the personal representative of the estate to pursue a wrongful death claim on behalf of surviving loved ones. Kavanagh Injury Law handles these cases with care — at a flat 20% fee, not the 33–40% most firms charge.
Licensed in Indiana. Out-of-state matters handled through our nationwide co-counsel network at the same 20% fee.
A wrongful death claim arises when someone dies because of another person's negligence, recklessness, or wrongful act. In Indiana, this is not a personal injury claim brought by the deceased person — it is a separate statutory action brought on behalf of the estate and surviving family.
The claim is generally filed by the personal representative of the deceased person's estate — often an executor or administrator appointed through probate. The lawsuit seeks compensation for losses recognized under Indiana's Wrongful Death Act and related law.
These cases are deeply personal. Our role is to handle the legal process respectfully so your family can focus on grieving, healing, and honoring your loved one's memory.
Wrongful death can result from many types of negligence. These are among the most common we see in Indiana.
Auto accidents
Crashes caused by distracted, impaired, or reckless driving — on highways, city streets, and rural roads throughout Indiana.
Truck accidents
Collisions involving commercial trucks, where driver fatigue, maintenance failures, or cargo issues may contribute to a fatal crash.
Pedestrian & bicycle accidents
When a person on foot or on a bike is struck by a vehicle — often in crosswalks, intersections, or along roadways without adequate protection.
Premises liability
Fatal falls or other hazards on unsafe property — stores, workplaces, rental housing, or other premises where dangerous conditions were not addressed.
Other circumstances may also give rise to a claim. If you are unsure whether negligence played a role in your loved one's death, a case review can help you understand your options.
Indiana's wrongful death framework centers on the estate and the family members left behind.
The personal representative of the deceased person's estate — appointed through probate or otherwise authorized — is generally the party who brings the wrongful death action. If no estate has been opened yet, an attorney can often help guide that process.
Depending on who survives the deceased, recoverable damages may benefit a surviving spouse, children, and in some circumstances dependents or other next of kin. The specific distribution depends on the family structure and the categories of damages at issue.
Who may recover, and in what shares, depends on the facts of the case and Indiana law. We review the family structure and applicable statutes carefully before advising on how a claim may proceed.
A wrongful death lawsuit in Indiana generally must be filed within two years of the date of death. Other deadlines may apply in specific situations — including claims involving government entities — so speaking with an attorney early can help protect every option.
Indiana's Wrongful Death Act defines who may bring a claim and what categories of damages may be recovered. The available damages depend on who survives the deceased — for example, whether there is a surviving spouse, children, or dependents. An attorney reviews the statute and the facts together to determine what may be pursued.
If the deceased person's own conduct is raised as a factor — for example, whether they contributed to a crash — Indiana's modified comparative fault rules may apply. That can affect whether a claim may proceed and how any recovery is calculated. Defendants and insurers often argue fault aggressively; independent evidence matters.
Indiana law recognizes specific categories of loss in wrongful death cases. What may be available depends on the facts, who survives the deceased, and the circumstances of the death.
Funeral & burial expenses
Reasonable costs associated with laying your loved one to rest.
Medical expenses
Hospital, emergency, and other medical costs related to the final injury or illness caused by the negligence.
Loss of love & companionship
The emotional loss experienced by surviving spouse, children, or other qualifying family members.
Loss of parental guidance
When children lose a parent, Indiana law may allow recovery for the loss of care, nurture, and guidance.
Lost wages & earning capacity
Income and financial support the deceased would have provided to the family over time.
Other statutory damages
Additional categories recognized under Indiana law, depending on who survives and how the death occurred.
Past results do not guarantee future outcomes. The value of any claim depends on the specific facts, applicable law, insurance available, and the family members involved. No outcome can be promised.
There is no right way to grieve. These practical steps can help protect your family's legal options when you are ready.
Obtain the death certificate
You will need certified copies for the estate, insurance matters, and any legal claim. Request several — more than you think you need.
Preserve evidence while you can
Police reports, medical records, photographs, witness names, and any documents related to how the death occurred. Evidence fades quickly — gather what you can, or ask someone you trust to help.
Open or identify the estate
A personal representative is generally needed to bring a wrongful death claim. If probate has not started, an attorney can explain the process and timeline.
Do not rush insurer settlements
Insurance companies may contact the family quickly. You are not obligated to accept an early offer, and signing without understanding your rights can limit what the estate may recover.
Contact an attorney when you are ready
You do not need to call the day of the funeral. But the two-year deadline runs regardless of grief. A confidential case review can help you understand whether a claim may be appropriate — with no pressure and no upfront cost.
Wrongful death cases deserve patience, clarity, and steady advocacy — not pressure.
Compassionate from the first call
We listen carefully, answer questions honestly, and move at a pace that respects what your family is going through. You will always speak with a licensed attorney — not a call center.
Thorough investigation
We gather police reports, medical records, witness statements, and expert opinions needed to understand how the death occurred and who may be responsible.
Flat 20% — always
Our contingency fee is 20% whether your case settles pre-suit, goes through trial, or reaches appeal. It never escalates to 33% or 40% like most Indiana firms. You pay nothing unless we recover for you.
Lien reduction — 100% to you
We negotiate medical and other liens aggressively. Every dollar we reduce from a lien goes to the family — we keep none of the savings and charge no additional fee for lien work.
Generally, the personal representative of the deceased person's estate files the lawsuit. Damages recovered may benefit surviving family members such as a spouse, children, or other dependents, depending on the circumstances and applicable law.
Indiana generally requires a wrongful death lawsuit to be filed within two years of the death. Other deadlines may apply in specific situations, so it is worth speaking with an attorney as soon as you are able.
Depending on the facts and who survives the deceased, Indiana law may allow recovery for funeral and burial expenses, medical expenses related to the final injury, loss of love and companionship, loss of parental guidance, and other statutory categories. Every case is different.
If the deceased person's own negligence is at issue, Indiana's modified comparative fault rules may apply. That can affect whether a claim may proceed and how damages are allocated. An attorney can review the facts and explain how fault may be evaluated.
Nothing upfront. We work on contingency at a flat 20% of any recovery. If we do not recover compensation, you owe no attorney fee.
Losing someone you love is overwhelming. If you would like to understand whether a wrongful death claim may be appropriate for your family, we offer a free, confidential case review — no obligation and no upfront cost.
You may also reach us by phone at any time. We will listen, answer your questions, and help you understand your options — without pressure.