Wrongful Death Attorney in Fishers
Losing a loved one because of another party’s negligence is one of the most devastating experiences a family can face. The grief is immediate and overwhelming, but the legal and financial consequences often follow just as quickly. At our firm, led by attorney Vaughn A. Wamsley, we have dedicated years to representing families in Fishers and throughout Indiana in wrongful death claims.
As a Fishers personal injury attorney, we know these cases demand more than legal skill. They require compassion, discretion, and the ability to navigate complex laws while protecting a family’s right to justice. We understand Indiana’s wrongful death statutes, the rules governing compensation, and the strategies needed to hold negligent parties accountable.
From the first consultation, we focus on preserving evidence, identifying every liable party, and pursuing the full measure of compensation allowed under the law, so your family can focus on healing.
Understanding Wrongful Death Under Indiana Law
A wrongful death claim arises when a person’s life is taken due to the negligence, recklessness, or intentional act of another. While criminal charges may also be filed against the responsible party, a wrongful death action is a civil claim intended to provide financial recovery for surviving family members.
Indiana’s Legal Definition
Under Indiana Code § 34-23, wrongful death occurs when a person’s death is caused by the wrongful act or omission of another, and the deceased would have been entitled to bring a personal injury claim had they survived.
Civil vs. Criminal Cases
A criminal case seeks punishment for the offender, such as imprisonment or fines, and is filed by the state. A wrongful death case is filed by the personal representative of the deceased’s estate and seeks compensation for the loss suffered by the family.
Comparative Fault in Indiana
Indiana applies a modified comparative fault rule. Surviving family members may recover compensation if the deceased was 50 percent or less at fault for the incident. If the deceased was 51 percent or more at fault, the family cannot recover damages.
Importance of Legal Representation
Wrongful death cases often involve complex liability issues, multiple parties, and significant damages. Attorney Vaughn A. Wamsley has the resources, legal knowledge, and trial experience necessary to investigate thoroughly and advocate effectively for families in Fishers and across Indiana.
Who Can File a Wrongful Death Claim in Indiana?
Not every family member has the legal authority to bring a wrongful death claim in Indiana. State law limits who can file, and the rules differ depending on whether the deceased was an adult or a child.
For an Adult
The claim must be filed by the personal representative of the deceased’s estate. This person is often named in a will or appointed by the court if no will exists. While the personal representative files the case, compensation is awarded for the benefit of the surviving spouse, dependent children, or other dependents.
For a Child
When a child’s death occurs, Indiana law allows the parents or legal guardians to file the claim directly. If the parents are divorced, the claim may be filed jointly, or the court may determine who should proceed.
Why Eligibility Matters
Filing must be done by the correct party to avoid dismissal or delays. Attorney Vaughn A. Wamsley ensures that the proper legal representative initiates the claim and that all procedural requirements under Indiana law are met from the start.
Common Causes of Wrongful Death Cases We Handle
Wrongful death can result from many different circumstances, but each case shares one common factor: a preventable loss caused by another’s negligence or wrongful act. As your Fishers wrongful death attorney, we investigate every case thoroughly to determine exactly what happened and who is responsible.
Some of the most frequent causes we see in Indiana include:
- Motor Vehicle Accidents – Fatal collisions involving cars, trucks, motorcycles, or pedestrians, often caused by speeding, distracted driving, or impaired driving
- Workplace and Industrial Accidents – Incidents in construction, manufacturing, or industrial settings, including falls, equipment failures, and exposure to dangerous substances
- Medical Negligence – Fatal outcomes caused by surgical errors, misdiagnoses, medication mistakes, or failure to provide timely treatment
- Defective Products – Malfunctioning machinery, unsafe consumer products, or automotive defects that lead to fatal injuries
- Premises Liability – Unsafe property conditions, inadequate security, or structural failures resulting in deadly incidents
Identifying the precise cause of a wrongful death is essential because it determines which legal strategies we use, what evidence we must collect, and which parties we can hold accountable.
Attorney Vaughn A. Wamsley and our legal team use proven investigative methods, expert analysis, and Indiana-specific legal knowledge to build the strongest possible case for your family.
Potential Compensation in a Wrongful Death Claim
In Indiana, wrongful death compensation is designed to address both the financial and emotional losses suffered by the surviving family. As your wrongful death lawyer in Fishers, we work to ensure every category of damages is identified, documented, and pursued to its fullest extent.
Economic Damages
These are measurable financial losses directly resulting from the death, including:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Loss of the deceased’s income and future earning capacity
- Loss of household services the deceased provided, such as childcare or home maintenance
Non-Economic Damages
These losses reflect the emotional and personal impact on surviving family members, such as:
- Loss of love, companionship, and guidance
- Emotional distress and mental anguish
- Loss of parental training and care for surviving children
Punitive Damages
In rare cases involving extreme negligence or intentional misconduct, Indiana courts may award punitive damages to punish the wrongdoer and deter similar conduct.
Attorney Vaughn A. Wamsley understands how to present compelling evidence for each type of damage, working with financial experts, medical professionals, and other specialists to ensure your family receives fair and just compensation under Indiana law.
How We Build a Strong Wrongful Death Case
A successful wrongful death claim requires careful planning, thorough investigation, and strong evidence. As your Fishers wrongful death attorney, we follow a proven process to give your case the best chance for a favorable outcome.
Step 1: Initial Consultation and Case Review
We meet with you to understand the circumstances of your loss, review any available documentation, and outline the next steps.
Step 2: Comprehensive Investigation
Our team collects police reports, medical records, witness statements, photographs, and other evidence. We also work with accident reconstruction specialists, forensic experts, and industry professionals as needed.
Step 3: Identifying Liable Parties
We determine every party who may be responsible—whether an individual, company, or other entity—and evaluate applicable insurance coverage.
Step 4: Calculating Damages
Using financial experts and medical consultants, we assess both economic and non-economic damages to ensure the claim reflects the full scope of your family’s loss.
Step 5: Negotiation and Trial Preparation
We present a strong, evidence-backed demand to the responsible parties and their insurers. If a fair settlement is not offered, we are fully prepared to proceed to trial.
This systematic approach, led by attorney Vaughn A. Wamsley, ensures that your case is supported by the strongest evidence and legal strategy from start to finish.
Why Choose Vaughn A. Wamsley for Your Wrongful Death Case
When your family is facing the devastation of a wrongful death, choosing the right attorney can make a significant difference in the outcome of your case. At Vaughn A. Wamsley, led by attorney Vaughn A. Wamsley, we combine proven legal skill with compassion and dedication to our clients.
Local Knowledge, Proven Success
We understand the courts, judges, and legal processes in Fishers and throughout Indiana. This local insight allows us to anticipate challenges and build strategies tailored to your case.
Comprehensive Case Preparation
We prepare every case as if it will go to trial, gathering the strongest evidence, consulting with leading experts, and presenting clear, compelling arguments to hold negligent parties accountable.
Client-Focused Representation
We keep you informed and involved at every stage, ensuring your questions are answered and your voice is heard. Our goal is to reduce your stress while protecting your family’s rights.
Choosing our firm means partnering with a legal team committed to securing justice, honoring your loved one’s memory, and helping your family move forward.
Steps to Take Immediately After a Wrongful Death
Taking the right actions in the days following a wrongful death can help protect your family’s legal rights and strengthen your claim. As your Fishers wrongful death attorney, we recommend the following steps:
- Secure Legal Representation Quickly: Contact an experienced wrongful death lawyer to guide you through the legal process and handle communications with insurance companies.
- Preserve All Evidence: Keep any documents, photographs, witness information, and personal items related to the incident. Do not alter or dispose of anything that may be relevant to the case.
- Obtain the Death Certificate: This official record is essential for filing a wrongful death claim in Indiana.
- Avoid Speaking to Insurance Adjusters: Insurance representatives may attempt to limit your claim. Direct all communication to your attorney.
- Document Financial and Emotional Losses: Keep records of expenses, income loss, and the impact the death has had on your family’s daily life.
Taking these steps promptly can help ensure that crucial evidence is preserved and deadlines under Indiana law are met.
Frequently Asked Questions
How long do I have to file a wrongful death claim in Indiana?
Most wrongful death claims in Indiana must be filed within two years from the date of death. If the claim involves a government entity, shorter deadlines may apply.
Who is allowed to bring the claim?
For an adult, the personal representative of the deceased’s estate must file the claim. For a child, parents or legal guardians may file directly.
Can a wrongful death claim be filed if there is also a criminal case?
Yes. A wrongful death claim is separate from a criminal case. You can pursue both at the same time, and the outcome of one does not control the other.
How is compensation divided among family members?
The court determines distribution based on Indiana law and the family’s circumstances. Often, compensation is awarded to a surviving spouse, children, or dependents.
Do all wrongful death cases go to trial?
No. Many cases are resolved through settlement negotiations. However, we prepare every case as if it will go to trial to ensure the strongest position possible.
What damages can be recovered?
Damages may include medical costs, funeral expenses, loss of income, loss of companionship, and in rare cases, punitive damages.
Take the First Step Toward Justice
The loss of a loved one due to another’s negligence is a tragedy no family should have to endure. While no legal action can replace what has been taken, a wrongful death claim can provide the financial stability and accountability your family needs to move forward. As your Fishers wrongful death attorney, we are here to guide you through every step with skill, compassion, and determination.
Time is critical. Indiana law imposes strict deadlines for filing a wrongful death claim, and valuable evidence can be lost if action is delayed. The sooner we begin, the stronger your case will be.
If you have lost a family member in Fishers or the surrounding area, contact our office today for a free consultation. We will listen to your story, explain your options, and begin the work of seeking justice for your loved one.