Wrongful Death

When the Stakes Are the Highest. Fighting for Maximum Recovery for Your Loss.
Wrongful Death 2018-07-05T12:18:37+00:00

Indianapolis Wrongful Death Attorneys

Wrongful death can occur in a number of ways: sometimes in a car or truck accident, sometimes in a work-related accident, and sometimes in cases of medical malpractice. There is a common theme that runs through all wrongful death cases, however, and that is negligence and recklessness.

When one party is negligent or reckless, other parties often pay the price for those behaviors. Have you suffered the wrongful death of a loved one because of the reckless behavior or negligent actions of another person? If so, you and your family may be eligible to receive compensation to facilitate your recovery.

In the case of wrongful death, remaining family members and loved ones are often left with large medical bills and funeral expenses, not to mention lost wages and extensive pain and suffering. The wrongful death lawyers at Wagner Reese can assist you in recovering those damages so you and your loved ones can pick up the pieces and move forward.

A wrongful death lawsuit can allow surviving family members to obtain compensation for:

  • Lost financial support
  • Lost household services
  • Loss of parental guidance
  • Loss of love, care & affection
  • Medical expenses
  • Funeral & burial expenses
  • Lawyer fees related to bringing a lawsuit


This malpractice case was settled with the hospital with additional excess damages paid by the Indiana Patients’ Compensation Fund.

The claim was against a local OBGYN for failure to call a timely c-section for a fetus.


  • Wrongful Death falls under the category of tort law, and is subject to a statute of limitations.
  • Aggregate Damages for Wrongful Death may not exceed $300,000 in Indiana, except under special circumstances.
  • A jury may determine additional damages to be awarded, based on the need of the plaintiff and the financial situation left behind by the deceased.
  • The statute of limitations on Indiana Wrongful Death cases is two years, although exceptions may be made in extenuating circumstances.

A Note About Recovery Limits

In 2012, Indiana put a compensation cap on non-economic based damages. For personal injury cases in the state of Indiana, any case paid by the government may not exceed an award of $5,000,000. The Indiana Supreme Court is currently contesting this cap as unconstitutional, so these limits may soon be abolished.

About our Indianapolis Wrongful Death Lawyers

Stephen Wagner and Jason Reese can handle your Indiana accidental or wrongful death claim with years of experience and proven results. Call the law firm of Wagner Reese today 888-710-9377 for your FREE consultation!

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