Practice Areas

Wrongful Death

Do We Have a Wrongful Death Claim?

Compensation for Negligence Resulting in Death

Wrongful Death Motorcycle Accident - Auto Accident - Statewide Indiana

If another party's negligent actions or failure to act caused the death of a loved one, you may have a wrongful death claim under Indiana law. But the insurance company will not make it easy to collect.

Wrongful death actions may be brought against another driver who caused a motorcycle accident, a manufacturer responsible for a fatal car accident, or any negligent party.

Contact Sevenish Law Firm of Indianapolis, Indiana to arrange a free initial consultation by e-mail, or call toll-free at 800.278.9200. We know you are hurting from the sudden loss, but time is of the essence:

(A) Evidence of negligence is soon lost (or intentionally destroyed), and witness memory fades quickly.

(B) In Indiana, you must file a wrongful death claim within one year of the date of death. Because of the many legal issues (insurance, liability) this is a short window to present a viable case.

Bringing a Wrongful Death Action in Indiana

Randy Sevenish is a man of ethics and integrity. It disturbs him to see insurance companies take advantage of family members who are already devastated by the loss of someone dear. Some clients feel guilty about filing a claim on behalf of the deceased, and the insurance company will gladly reinforce those feelings.

But the law exists for a reason: to compensate survivors for actual financial losses, to compensate for the very real emotional trauma, and to hold the negligent party accountable.

Under Indiana law, a wrongful death claim or lawsuit must show:

  • That the death was caused by negligence (e.g., a drunk driver), a wrongful act (e.g., a surgeon's decision), an intentional act (e.g., a physical assault), or default (strict liability, as in a fatal dog attack or defective product).
  • The deceased could have filed a personal injury claim had the accident not proved fatal
  • There are surviving beneficiaries or dependants (spouse, children, parents)
  • Monetary damages resulted from the death

Wrongful death claims can be filed by a beneficiary or dependant, or by the personal representative of the estate. (Siblings, cousins or grandparents cannot bring a wrongful death lawsuit in Indiana, unless they are the appointed guardian of the deceased and there is no spouse, parent or child who can file.)

A wrongful death claim can seek compensation for:

  • Medical bills and funeral expenses
  • Loss of future earnings and benefits the deceased would have earned over their life expectancy
  • Loss of companionship

Compassionate, Aggressive Representation
We will explain your rights and the process, and Randy Sevenish will personally handle your wrongful death claim, for as long as it takes to resolve. We promptly investigate to prove liability, and we take on insurance companies that balk at paying a fair settlement. Contact Sevenish Law Firm today to find out if you have a good case.