Losing a loved one in an unexpected accident is one of the most painful experiences a family can face. In the days and weeks that follow, grief often mixes with confusion, unanswered questions, and a growing sense that the loss should never have happened. Families in this situation are not looking for legal jargon or pressure. They want clarity, reassurance, and to understand whether what happened could have been prevented.
At Schafer & Schafer, our wrongful death lawyers work with families across Northwest Indiana who are trying to make sense of a fatal accident while coping with profound loss. A wrongful death claim is not about placing a value on a life. It is about accountability, financial protection for surviving family members, and seeking justice when negligence or misconduct caused a death. Our attorneys can explain how a fatal accident becomes a wrongful death case in Indiana and how our legal team can help guide your family through this process with care and respect.
What Is Considered a Wrongful Death in Indiana?
Under Indiana law, a wrongful death occurs when a person passes away as a result of another party’s wrongful act, negligence, or failure to act. In simple terms, if the person would have had a valid personal injury claim had they survived, their death may give rise to a wrongful death lawsuit.
Wrongful death cases often arise from everyday situations that turn tragic, such as traffic collisions, workplace accidents, or unsafe conditions. The key question is not whether the death was intentional, but whether it was preventable.
Negligence vs. Accidental Death
Not every accidental death qualifies as a wrongful death. Indiana law focuses on negligence. Negligence means someone failed to act with reasonable care, creating an unreasonable risk of harm.
Examples of negligence that may lead to a wrongful death claim include:
- A driver speeding, distracted, or impaired
- A trucking company ignoring safety regulations
- An employer failing to provide proper safety equipment
- A property owner neglecting dangerous conditions
- A manufacturer releasing a defective product
If the death resulted solely from an unavoidable accident with no negligent conduct, a wrongful death claim may not apply. Determining the difference often requires careful investigation.
Who Can File a Wrongful Death Claim in Northwest Indiana?
Indiana’s wrongful death statute strictly limits who may bring a claim. In most cases, the claim must be filed by the personal representative of the deceased person’s estate. This individual is often named in a will, or appointed by the court if there is no will.
Who ultimately benefits from the claim depends on the circumstances, including whether the deceased was an adult or a child and whether they had dependents. Beneficiaries may include:
- A surviving spouse
- Children or other dependents
- Parents of a deceased child
- In some cases, next of kin
Understanding eligibility can feel overwhelming during a time of grief. A wrongful death attorney in Northwest Indiana can help families understand who may file and who may recover compensation.
Common Causes of Wrongful Death Cases
Wrongful death claims arise from many types of fatal accidents. At Schafer & Schafer, we represent families across Northwest Indiana in a wide range of cases.
Vehicle and Truck Accidents
Car crashes and semi truck accidents are among the leading causes of wrongful death in Indiana. These cases often involve:
- Distracted or impaired driving
- Speeding or reckless behavior
- Failure to obey traffic laws
- Fatigued or improperly trained truck drivers
- Trucking companies violating safety regulations
Fatal crashes may lead to claims against drivers, employers, trucking companies, or other responsible parties.
Workplace and Construction Fatalities
Fatal workplace accidents are devastating for families, especially when the deceased was the primary provider. While workers’ compensation may apply in some cases, wrongful death claims may still be possible when negligence by a third party contributed to the death.
Examples include:
Each case requires careful evaluation to determine all available legal options.
Indiana Wrongful Death Laws Explained Simply
Indiana’s wrongful death laws are complex, but the purpose is straightforward. The law exists to hold negligent parties accountable and provide financial support to surviving family members.
Key points families should know include:
- Wrongful death claims are civil cases, not criminal cases
- The burden of proof is based on negligence, not guilt beyond a reasonable doubt
- Multiple parties may be held responsible
- Claims are handled through insurance companies or litigation
Families do not need to have all the answers before speaking with a lawyer. Part of our role is explaining the law clearly and guiding families step by step.
What Compensation Is Available in a Wrongful Death Case?
Compensation in a wrongful death lawsuit is meant to address both financial losses and the impact of the loss on surviving family members. Depending on the case, compensation may include:
- Funeral and burial expenses
- Medical bills related to the final injury or illness
- Loss of the deceased’s income and financial support
- Loss of services the deceased provided to the family
- Loss of love, care, and companionship
Indiana law places certain limits on damages in some wrongful death cases, particularly those involving unmarried adults without dependents. Understanding what compensation may be available requires a careful review of the specific facts.
How Long Do You Have to File a Wrongful Death Claim?
Wrongful death claims in Indiana are subject to strict deadlines known as statutes of limitation. In most cases, families have two years from the date of death to file a wrongful death lawsuit.
Missing this deadline can permanently bar a claim, regardless of its merits. While two years may sound like a long time, investigations, estate appointments, and insurance issues can take time. Speaking with a wrongful death lawyer early helps protect your family’s rights, even if you are not ready to take action immediately.
How Insurance Companies Handle Fatal Accident Claims
After a fatal accident, insurance companies often move quickly. Their goal is to limit financial exposure, not to look out for grieving families.
Common insurance tactics include:
- Requesting recorded statements during periods of shock
- Pressuring families to settle early
- Disputing liability or minimizing negligence
- Questioning the value of the claim
Having legal representation can help shield families from these pressures and ensure that communications are handled carefully and respectfully.
Why Families Trust Schafer & Schafer with Wrongful Death Cases
Schafer & Schafer has represented families across Northwest Indiana for decades in serious injury and wrongful death cases. We understand that no legal outcome can ever replace a loved one or fully ease the pain of a sudden loss.
For many families, the legal process feels overwhelming, confusing, and emotionally draining. Our role is to shoulder that burden so you do not have to. We handle the legal and insurance challenges while giving families the space and support they need to grieve, heal, and begin moving forward.
Families place their trust in Schafer & Schafer because we take a thoughtful, client centered approach to wrongful death cases. We recognize that every loss is personal, and every family’s situation is different. When you work with our firm, you can expect:
- Compassionate, client focused representation that prioritizes your family’s needs, concerns, and emotional well being.
- Clear, straightforward explanations of your rights and options without legal intimidation or pressure.
- Thorough investigation of fatal accidents, including gathering evidence, consulting experts, and identifying all responsible parties.
- Experience handling complex insurance and liability issues, including cases involving commercial vehicles, employers, and multiple insurers.
- A steady and reliable presence from start to finish, so you are never left wondering what happens next or who to turn to.
We approach every wrongful death case with care, dignity, and determination. Our commitment is not only to pursue accountability and fair compensation, but also to treat your family with the respect and compassion you deserve during one of the most difficult times of your life.
Speak With Our Wrongful Death Lawyers Serving Northwest Indiana Families
If your family has lost a loved one in a fatal accident, you do not have to navigate this alone. Speaking with a lawyer does not commit you to filing a lawsuit. It simply gives you information, clarity, and space to decide what feels right for your family.
The wrongful death lawyers at Schafer & Schafer proudly serve families throughout Northwest Indiana. We offer free consultations and handle wrongful death cases on a contingency fee basis, meaning there is no fee unless we recover compensation for your family.
Contact us at (219) 947-1911 to speak with our team. When you are ready, we are here to listen and help you understand your options with compassion and respect.
