Losing a loved one because of someone else’s choices is a life-altering event. Families in Howard County deserve answers, accountability, and a steady legal team that knows how to move a case forward with care and precision.
As a personal injury attorney in Lawrence, our mission is to carry the legal burden so your family can focus on healing. We bring decades of trial experience, knowledge of Indiana law, and a client-first approach to every case.
Why Families In Lawrence Choose Our Firm
Experience You Can Lean On
Attorney Vaughn A. Wamsley has practiced law for more than 30 years. He is admitted to practice in Indiana state courts and in the U.S. District Courts for the Northern and Southern Districts of Indiana.
He studied finance at Indiana University Bloomington and earned his J.D. from Indiana University, Notre Dame campus. This background supports thorough case valuation and sophisticated negotiation.
A Personal Understanding Of Loss And Recovery
Our lead attorney knows firsthand what serious injury can do to a family. As a young adult, he was struck by an impaired driver while cycling and spent more than three months in the hospital. That lived experience shapes how we serve grieving families and how hard we push to secure full and fair compensation.
Results And Resources
Our firm highlights more than $100 million recovered for clients and assistance to over 10,000 accident victims, reflecting the scale and stamina we bring to complex cases. We work on a contingency fee, which means you pay no attorney fee unless and until we recover compensation for you.
Local Commitment
We represent families throughout Lawrence and Howard County, and our website specifically features a Lawrence page for accident and injury services. When you are searching for a Lawrence, Indiana personal injury attorney you can meet with and trust, we are ready to help.
What Counts As Wrongful Death Under Indiana Law
Under Indiana law, a wrongful death case arises when a person’s death is caused by the wrongful act or omission of another party. The personal representative of the decedent’s estate brings the claim. Indiana’s wrongful death statutes include general provisions and specific rules for an unmarried adult with no dependents and for the death of a child.
Key Indiana Statutes You Should Know
- General Wrongful Death Act (GWDA): Establishes the right to bring a civil action and requires that the wrongful death action be filed within two years. Damages may include medical, hospital, funeral, and burial expenses, and other losses as determined by the factfinder under the statute.
- Adult Wrongful Death Act (AWDA): Applies to an adult person who has no dependents. Indiana law defines “adult person” for this purpose. Courts have recognized a cap of $300,000 on the intangible damages of loss of love and companionship for these claims, and certain categories like lost earnings are not recoverable under this statute.
- Child Wrongful Death Act (CWDA): Governs claims for the death of a child, including recoverable damages such as loss of the child’s love and companionship and specified expenses. The statute also clarifies who may file the action.
- Deadline Reminder: Indiana’s general filing deadline for wrongful death lawsuits is typically two years from the date of death. Certain exceptions or special notice rules can apply, so early legal guidance is essential.
Who Can File In Indiana And How It Works
Personal Representative Leads The Case
In most wrongful death actions, the claim is filed by the personal representative of the estate. For the death of a child, the statute allows specific family members or a guardian to pursue the action. These rules protect the orderly presentation of damages and help courts distribute any recovery to the proper beneficiaries.
Where The Case May Be Filed
For incidents arising in Lawrence or elsewhere in Howard County, lawsuits are commonly filed in the Howard County Circuit or Superior Court, which handle general civil matters. Our team handles venue decisions and filing requirements for you.
What Damages Are Available
Every family’s losses are unique, but Indiana law recognizes several categories of damages in wrongful death cases:
- Medical And Final Expenses for care related to the fatal injury, along with funeral and burial costs.
- Loss Of Earnings And Benefits in general wrongful death cases where dependents relied on the decedent’s income.
- Loss Of Love And Companionship which acknowledges the immeasurable human loss families endure. In AWDA cases involving an unmarried adult with no dependents, this category is subject to a $300,000 statutory cap.
- Child-Specific Damages which may include loss of a child’s love and companionship and certain counseling expenses for surviving parents or minor siblings.
We work closely with economists, vocational experts, and grief and care experts to present a full, evidence-based picture of your family’s loss within Indiana’s statutory framework.
Critical Deadlines And Special Rules For Government-Related Cases
If a government agency or employee may be responsible, the Indiana Tort Claims Act requires a written notice of claim well before a lawsuit can proceed. The notice deadline is generally 180 days for claims against local political subdivisions and 270 days for claims against the State of Indiana. Missing these notice requirements can bar your claim. We act quickly to preserve your rights.
How We Build A Strong Wrongful Death Case
Families hire us because we combine empathy with rigorous case preparation. As your Lawrence wrongful death lawyer, we will:
Secure And Preserve Evidence
We send preservation letters, collect photos and video, obtain police and incident reports, and move fast to prevent loss of key data such as vehicle event recorder downloads or surveillance footage.
Investigate Liability
Our team interviews witnesses, consults specialized experts, and reconstructs events when needed. We examine product design issues, roadway hazards, safety rule violations, and corporate policies that may have contributed to the death.
Document All Losses
We assemble medical records, billing and insurance data, employer wage records, and family impact statements. For families in Lawrence, we also coordinate closely with local providers like Community Howard Regional Health to obtain complete medical documentation.
Navigate Insurance And Litigation Strategy
We evaluate coverage layers, coordinate multiple defendants where necessary, and prepare the case as if it will go to trial. That preparation often produces better settlement offers.
Keep You Informed
We explain each step, from opening the estate to settlement distribution, in clear terms so you can make confident decisions.
Common Causes Of Fatal Cases We Handle In Howard County
Wrongful death cases in and around Lawrence often arise from:
- Motor Vehicle Crashes involving cars, trucks, or motorcycles on U.S. 31, IN-931, or local roads. We analyze speed, impairment, distraction, maintenance, and commercial carrier compliance.
- Dangerous Premises incidents in parking lots, apartment complexes, and businesses.
- Defective Products including consumer goods and industrial equipment.
- Medical Negligence when a health care provider’s conduct does not meet the standard of care.
- Workplace Incidents including third-party liability beyond workers’ compensation.
Our familiarity with local venues and resources helps us move efficiently. We know the filing practices for Howard County courts and the medical record processes for area providers such as Community Howard Regional Health.
What To Do After A Fatal Incident
Taking a few steps early can protect the case:
- Safeguard Evidence. Save photos, messages, and the decedent’s devices. Provide us vehicle information, medical provider names, and any insurance letters.
- Open The Estate Promptly. The personal representative files the wrongful death action. We help with this step so deadlines are met.
- Avoid Recorded Statements. Direct insurers to us so nothing jeopardizes your claim.
- Be Mindful Of Deadlines. The general two-year statute applies to most wrongful death lawsuits, and special notice rules may apply if a government entity is involved.
How Comparative Fault Can Affect Recovery
Indiana follows a modified comparative fault system. If a decedent is found to be 51 percent or more at fault, recovery is barred. If fault is 50 percent or less, damages are reduced by the share of fault. These rules can become pivotal in multi-vehicle crashes or complex incidents with several parties. We gather and present persuasive evidence to minimize fault arguments against your family.
Frequently Asked Questions
How Long Do Wrongful Death Cases Take In Lawrence?
Timeframes vary. Many claims resolve through settlement after a thorough investigation and expert analysis. Cases involving contested liability, multiple defendants, or complex damages may require litigation and longer timelines. Our approach is to push steadily while keeping you informed.
Do We Have To Go To Trial?
Most cases resolve without a jury verdict. That said, our trial readiness often leads to stronger settlement offers. If a trial is necessary, we are prepared to present a clear, evidence-based story to a Howard County jury.
Who Receives The Money If We Win?
Distribution depends on which statute applies and on the beneficiaries or dependents. Under the general statute, damages are allocated to dependents and to cover final expenses; under the Adult Wrongful Death Act, intangible damages are capped for an adult with no dependents; and the Child Wrongful Death Act sets out child-specific rules. We advise you on distribution at the outset so expectations are clear.
What Is The Filing Deadline?
Indiana generally requires filing within two years of the date of death, with separate, shorter notice deadlines if a government entity is involved. Early legal action protects your right to recover.
Can Punitive Damages Be Recovered?
Punitive damages are restricted in Indiana and depend on the facts. Many wrongful death cases focus on compensatory damages available under the applicable statute. We evaluate punitive exposure when evidence supports it and advise you about any statutory limitations.
How We Use Our Experience To Serve Your Family
We approach each case with the mindset that your family deserves thorough preparation and relentless advocacy:
- Strategic Case Planning: We map out statutes that apply to your facts, from the GWDA to the AWDA or CWDA, and we account for comparative fault and any tort claim notices.
- Evidence-Driven Storytelling: We translate technical records into a compelling narrative supported by expert testimony.
- Transparent Communication: You will always know the next step and why it matters.
- Settlement And Trial Skills: We negotiate from strength and prepare as if a jury will decide the case. Our depth of trial experience helps drive results.
Serving Lawrence Families With Compassion And Resolve
If you are searching for a Lawrence wrongful death lawyer who treats your case with urgency and respect, our team is ready to help. As an injury lawyer in Lawrence, IN, we combine local knowledge with statewide resources.
When you need a wrongful death attorney in Lawrence who understands the law, the deadlines, and what it takes to prove damages, call us for a free consultation. If you prefer to work with a Lawrence, Indiana personal injury attorney who communicates clearly and fights hard, we invite you to speak with us today.
Call or contact us online to schedule a free case review. We will listen, explain your options, and begin protecting your family’s rights immediately.
