Compassionate Indianapolis
Wrongful Death Lawyers Standing With Your Family

How much does a Wrongful Death Lawyer cost?

Your initial consultation with Tandy Law Firm is free. We also handle wrongful death cases on a contingency-fee basis, which means you do not pay an upfront attorney’s fee. We receive a fee only if we recover compensation for your family. 

Before you make any decisions, we will explain our fee agreement, potential case expenses, and what you can expect from us. There are no surprises, and questions are always welcome. 

Who Can File a Wrongful Death Lawsuit in Indiana?

The person authorized to file a wrongful death lawsuit is not always the same person who may ultimately receive compensation. Filing authority depends on which of Indiana’s three wrongful death statutes applies. 

Most Adult Wrongful Death Claims Must Be Filed by the Personal Representative 

Claims under the General and Adult Wrongful Death Acts are generally filed by the deceased person’s personal representative. This is the person legally authorized to act for the estate—often an executor named in a will or an administrator appointed through probate. 

A spouse, parent, or child does not automatically have authority to file simply because of the family relationship. The proper representative may need to be appointed before the case can move forward. 

Parents or Guardians May File Certain Claims Involving a Child 

The Child Wrongful Death Act has different rules. Depending on the family circumstances, the claim may be filed by both parents, a custodial parent, or a guardian. A personal representative may be required in certain situations, including when the person with custody has also died. 

The Person Who Files Is Not Always the Person Who Receives Compensation 

The named plaintiff brings the lawsuit, but compensation may benefit surviving relatives or the estate. The applicable statute determines who may receive particular damages and how the recovery is divided. We help families understand both filing authority and their potential rights to compensation.

Common Causes of Wrongful Death in Indianapolis 

Wrongful death claims can arise from many forms of preventable conduct. Our team investigates the cause, identifies every responsible party, and determines which insurance policies and legal claims may apply. 

Fatal Car Accidents 

Speeding, impaired driving, distraction, failure to yield, and other unsafe choices can cause fatal crashes throughout Indianapolis and on roads such as I-65, I-70, and I-465. An Indianapolis car accident lawyer can investigate the driver and available insurance coverage. 

Fatal Truck Accidents 

Commercial truck cases may involve a driver, trucking company, maintenance provider, loading contractor, or equipment manufacturer. An Indianapolis truck accident lawyer can preserve driver records, vehicle data, inspection documents, and other evidence before it disappears. 

Fatal Motorcycle Accidents 

Motorcyclists face serious danger when drivers fail to yield, make unsafe turns, follow too closely, or overlook a rider in traffic. An Indianapolis motorcycle accident lawyer can investigate the collision and respond to unfair attempts to blame the rider. 

Workplace and Construction Incidents 

Fatal workplace incidents may involve workers’ compensation death benefits, a claim against a negligent third party, or both. We examine the roles of contractors, property owners, equipment companies, and other businesses that may share responsibility. 

Medical Malpractice 

A death caused by medical negligence may involve misdiagnosis, surgical errors, medication mistakes, birth injuries, or delayed treatment. These claims follow additional procedures and may be subject to separate legal limits, making careful review especially important. 

Dangerous Property Conditions 

Property owners and businesses may be responsible for fatal fires, falls, negligent security, unsafe pools, structural failures, or other dangerous conditions. We examine what the owner knew, what should have been corrected, and whether reasonable warnings were provided. 

Wrongful Death and Survival Actions Are Not the Same 

Wrongful Death Claims

A wrongful death claim addresses losses caused by the death itself. Depending on the applicable statute, it may seek compensation for final expenses, lost financial support, lost services, companionship, and other legally recognized family losses. 

Survival Actions

A survival action preserves certain personal injury claims the deceased person could have pursued while alive. Under Indiana law, this type of claim generally applies when someone was injured by wrongful conduct but later died from a different cause. 

A survival action is not automatically available with every wrongful death claim. We review the cause of death, the injuries involved, and the history of the potential claim before determining which legal actions may proceed. 

Does Comparative Fault Apply to an Indiana Wrongful Death Case? 

Yes, comparative fault may affect a wrongful death claim based on negligence. The insurance company may argue that your loved one shared responsibility for the fatal incident. 

In a typical Indiana negligence case, compensation is reduced by the percentage of fault assigned to your loved one. If that percentage is greater than 50%, recovery may be barred. Other drivers, businesses, property owners, or outside parties may also share fault. 

We investigate the evidence rather than accepting the insurance company’s version of what happened. 

Indiana Generally Gives Families Two Years to File a Wrongful Death Claim 

Most Indiana wrongful death lawsuits must be filed within two years of the date of death. That date may be different from the date of the accident, medical error, or other negligent conduct that led to the loss. 

Some cases involve additional or shorter notice requirements. Claims against government entities and medical providers, for example, follow special procedures. 

Even if time remains before the statute of limitations expires, it is best to contact a lawyer as soon as possible. Over time, records may be lost, video may be erased, and witnesses’ memories can fade. An early review gives your legal team more time to preserve important evidence. 

Why Families Choose Tandy Law Firm

Tandy Law Firm is not a mega-firm where your case disappears into a large system. We are a small, client-focused team that believes every family deserves personal attention, clear information, and respectful treatment.

You can visit our Indianapolis office, speak directly with our team, and communicate in the way that works best for you. Spanish-speaking team members help ensure language is not a barrier to clear communication and personal attention. We also use technology to streamline case management, reduce avoidable delays, and keep each case moving efficiently. 

We also believe being a local firm means supporting the community we serve. You can learn more about Tandy Law Firm, our values, and our client-focused process.