Wrongful Death
Simply. Powerful.

Wrongful Death

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil lawsuit filed by the “estate” of the deceased person to seek money damages for the losses suffered against a person or business that caused or contributed to the death of a person. Sometimes, there can be a criminal case that is going on at the same time as the civil case, but they are separate in nature and both can proceed at the same time. The criminal case seeks to punish the wrongdoer with jail; the civil case seeks money damages from the person or business.

What Damages Can be Recovered in a Wrongful Death Lawsuit

There is no “pain and suffering” or mental anguish of the deceased person as a component to the recovery – those expired with the deceased person at the time of death.

But, the law does make clear exactly what can be recovered if fault is proven by the wrongdoer:

  • Funeral and burial expenses
  • Medical, hospital and other medical expenses
  • Lost future wages and benefits had the deceased lived a normal life
  • Costs and expenses of the lawsuit

There is no recovery by the family members for grief or sad feelings. This might sound particularly harsh, but this is due to the fact that wrongful deaths are created by a statute and only those things mentioned specifically in the statute are recoverable.

Recovery of damages does not go to the family immediately; it goes into the “estate” first. An estate is a legally-created fictional thing that acts as if the person was still alive. Medical, funeral and burial, and other expenses must go into the estate first, to pay for those expenses not paid by insurance or other means.

After those payments, then any remaining monies can be distributed to the surviving dependents. This distribution is controlled by the Court and laws of succession under Indiana law.

Who Files the Wrongful Death Lawsuit?

The lawsuit is filed by the Personal Representative of the Estate. This person is often agreed upon by family members or is the surviving spouse. The Court must approve the Personal Representative appointment and McKibben Shaw Law will take care of all of this paperwork so that the case can proceed.

The lawsuit must be filed within two years of the date of the death or it is forever barred. This is often called a “statute of limitations” under Indiana law.

What to do if You Believe a Loved One Died as the Result of the Fault of Another Person or Business

Nothing in life prepares us for the loss of a loved one.

And it's made worse when the loved one we have lost is due to the carelessness or negligence of another person or business.

That's when you need experienced wrongful death attorneys to explain the myriad of laws in Indiana to help you and your family.

Here, at McKibben Shaw Law, we have handled wrongful death cases since the early 1990s.

We can help you through the hurt feelings, burdensome paperwork and civil litigation necessary to get you the fairness and justice you and your deceased loved one deserve.

At McKibben Shaw Law, we know that damages or recovery for the loss of a loved one is a challenging legal concept in Indiana. Call us at (800) 777-7777 today.

DEFENDING THE COMMUNITY SINCE 1989

Read Our 5-Star Reviews
  • Not just the lawyers you need, but the lawyers you WANT.

    “The attorneys at McKibben Shaw Law are absolutely exceptional. From the consultation: which was much more information and help than any of the other (9) Law offices I consulted with, to the one-on-one ...”

    - Tristen K
  • Jeff Shaw was Very Professional

    “I would highly recommend using Jeff Shaw as your attorney. He is very professional and nice and cares about getting you the best results. He was very helpful in my case. He worked 24/7 to take care of ...”

    - Shelby Kunes
  • Attorney Shaw got me a fair settlement, much more than I thought we were going to get.

    “McKibben Shaw Law handled our case in a caring and professional manner. Attorney Shaw let us know what was happening with each step of the process. He was available to talk to us at anytime. Including ...”

    - Randy & Kathy M
  • I Told Him He Now Felt Like a Member of Our Family More Than Our Attorney.

    “Mr. Shaw told me from the beginning that he would be willing to help me and my husband get justice. Through every step of the way, he explained what was happening and why.”

    - Stephanie B.
  • Your Law Firm Is Number One in Indiana. You Receive an A+ in My Book.

    “I was very satisfied with the outcome. Your law firm is number one in Indiana. You have a very kind, professional attitude that's full of compassion. You receive an A+ in my book. Thanks again for all your help.”

    - April H.

VERDICTS & SETTLEMENTS

  • $5,000,000 Verdict in Indianapolis, IN

    Bicyclist Struck by Indianapolis School Bus (independent contractor) Awarded $5M by Indianapolis Jury (Upheld by Verdict, $4.4M Paid)

  • $3,040,000 Verdict in Gary, IN

    Blackjack Dealer Awarded for Slip and Fall on Ice in Trump Casino Parking Lot

  • $1,750,000 Verdict in Hammond, IN

    Child Dies in Fire, Landlord Failed to Provide Adequate Smoke Detectors

  • $1,460,000 Verdict Near the Ozarks of Missouri

    Sheriff's Deputy who Collides With Improperly Transported Manufactured Home Convoy

  • $750,000 $750,000 Verdict in Delphi, IN

    $750,000 Verdict for Lady in Golf Cart Struck by Drunk Driver Awarded by Jury in Carroll County

  • $750,000 Settlement for Paralyzed Man Shot at Indy Gas Station

    Man Shot and Paralyzed at Gas Station by Unknown Assailant from Unruly Crowd That Gathered After Murder of Person the Night Before at Same Site

  • $750,000 Settlement in Indianapolis, IN

    $750,000 Settlement Slip and Fall Indianapolis Woman Falls on Water in Produce Section of Indianapolis Grocery Store Breaking Leg.

  • $605,000 $605,000 Verdict in Valparaiso, IN

    $605,000 Verdict - Child Awarded for Facial Scarring When Landlord Failed to Cover Exposed Hot Water Pipe in Living Room

  • $500,000 $500,000 Settlement in Bluffton, IN

    $500,000 Wrongful Death Settlement in Bluffton, Indiana for Woman Killed When She Crossed Center-Line Into Path of Oncoming Speeding Semi-Truck

  • $500,000 $500,000 Verdict in Kokomo

    $500,000 Verdict for Woman Slip and Fall in Domino's Pizza Restaurant on Water (Reduced to $375,000)

/

Why CALL MCKIBBEN sHAW lAW?

  • Work Directly With Your Attorney

    When you call or text us you will get to work directly with our experienced and dedicated personal injury lawyer.

  • We Maximize Your Recovery

    Our firm has obtained millions of dollars in compensation for our clients and we work to get you your maximum results.

  • We Get You Back On Your Feet

    When you have been injured it can seem like your world is falling apart beneath you. Our team dedicates our life to help you get back on your feet and recover.

  • Fully Transparent

    We make sure that you and your family are constantly up to date with the status of your case. We even developed an app that you can use to track your case's status.

simply. powerful.

Free & Confidential Consultations
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.