Indiana Wrongful Death FAQs

October 1, 2025

When death is caused by someone else's careless or dangerous actions, the pain becomes even harder to bear. You're facing financial problems, unanswered questions, and a legal system that seems impossible to understand.

Wrongful death cases are complicated, and Indiana has specific laws that affect your rights. Having an experienced wrongful death attorney from Dogan & Dogan as your advocate can make all the difference in getting the justice and compensation your family deserves.


What Exactly Is Wrongful Death Under Indiana Law?

In Indiana, wrongful death occurs when someone dies due to another's negligence, recklessness, or intentional actions. Examples include deaths from drunk driving, medical errors, defective products, workplace accidents, or violent crimes.

Indiana law says that if your loved one could have sued for personal injury if they had survived, then you can file a wrongful death lawsuit. This gives families a way to seek justice and compensation when someone's actions take away their family member forever.


Who Can File a Wrongful Death Lawsuit in Indiana?

In Indiana, only the personal representative of the deceased's estate can file a wrongful death lawsuit, typically a spouse, adult child, or parent. This representative files on behalf of statutory beneficiaries, who are entitled to compensation.

Beneficiaries usually include spouses, children, and parents. If none exist, other family members may be eligible. A wrongful death lawyer can help determine who has rights in your situation, guiding you through the process and ensuring those entitled to compensation receive it.


What Compensation Can Families Receive?

Indiana wrongful death law allows families to recover compensation for their losses. The law recognizes that losing a family member affects people in many different ways. Eligibility for compensation for certain losses can depend on your relationship with the deceased, such as spouse or child.


Lost Income and Financial Support

One of the biggest concerns for families is how they'll manage financially without their loved one's income. If the deceased person worked and contributed to the family's financial well-being, the family can seek compensation for the money they would have earned in the future.


This includes not just salary or wages, but also benefits like health insurance, retirement contributions, and other financial advantages the family has lost. Calculating these amounts requires careful analysis of the person's work history, education, age, and potential for career advancement.


Loss of Services and Care

Family members do more than just bring home paychecks. They provide services that would be expensive to replace. This might include childcare, household maintenance, yard work, or taking care of elderly relatives.

Indiana law allows families to seek compensation for the value of these services. This recognizes that replacing everything your loved one did for the family will cost real money.


Medical and Funeral Expenses

The final medical bills and funeral costs can be overwhelming for families who are already dealing with the loss of income. Wrongful death cases can include compensation for these expenses, helping families avoid going into debt during an already difficult time.


Love, Companionship, and Guidance

Indiana law also recognizes that family relationships have value beyond money. Spouses lose companionship, comfort, and emotional support. Children lose guidance, advice, and the love that helps them grow into healthy adults.


While no amount of money can truly replace these losses, compensation can help families rebuild their lives and honor their loved one's memory.


How Long Do You Have to File a Wrongful Death Case?

Indiana gives families two years from the date of death to file a wrongful death lawsuit. This might seem like a lot of time, but it goes by quickly when you're grieving and trying to figure out what happened.


Starting the legal process early helps preserve evidence and witness memories. The sooner a wrongful death attorney can begin investigating your case, the better chance you have of building a strong claim.


Does It Matter if the Deceased Person Was Partially at Fault?

In Indiana, the comparative fault system can reduce compensation if your loved one was partially at fault for the accident. For instance, if they were 20% at fault, your compensation would be reduced by 20%.


However, if they were 51% or more at fault, you wouldn't be eligible for compensation. Insurance companies often try to shift blame to minimize payouts. An experienced wrongful death attorney can investigate the case, determine fault accurately, and fight against unfair blame, ensuring your family receives fair treatment and potential compensation.


What if the Person Who Caused the Death Is Facing Criminal Charges?

Sometimes the person who caused your loved one's death also faces criminal charges. This might happen in cases involving drunk driving, workplace safety violations, or violent crimes.


The criminal case and your wrongful death lawsuit are completely separate. The criminal case is between the state and the person who caused the death. Your wrongful death case is between your family and that person (or their insurance company).


You can pursue your wrongful death case even if the criminal case is still ongoing. You don't have to wait for the criminal case to finish. In fact, waiting might hurt your civil case because of the time limits we discussed earlier.


What About Medical Malpractice Wrongful Death Cases?

Medical malpractice wrongful death cases in Indiana are difficult, requiring proof that healthcare providers fell below professional standards. These cases have special rules, including a two-year filing deadline and potential review by a medical panel.

To handle these challenges, you need a wrongful death attorney who understands both law and medicine. They'll match the skill of the healthcare providers' lawyers, protecting your family's rights and fighting for justice.


How Much Does It Cost to Hire a Wrongful Death Attorney?

Most wrongful death lawyers work on a contingency fee basis. This means you don't pay attorney fees unless they win your case. The lawyer's fee comes out of any settlement or court award you receive.


This system makes it possible for families to get high-quality legal representation even when they're facing financial difficulties after losing a loved one. You don't have to worry about paying lawyer fees upfront or going deeper into debt to seek justice.


Why You Need an Indiana Wrongful Death Attorney

In wrongful death cases, experienced lawyers will work to minimize the responsible party's liability. Insurance companies have teams protecting their profits. You need an equally skilled attorney fighting for your family's rights.


A wrongful death lawyer understands the law, investigates properly, and negotiates with insurers from a position of strength. At Dogan & Dogan, we've helped Indiana families seek justice and compensation. We'll handle the legal details while you grieve. Contact us today at 219-764-0100 or online to learn about your rights and options.

February 2, 2026
Getting served with an order of protection isn’t the easiest pill to swallow. It often happens without warning and can leave you feeling confused, angry, or blindsided. One minute you are going about your day, and the next you are being told you must stay away from someone, your home, or even your children. It can be hard to put your emotions aside, but if this has happened to you, it is important to slow down and understand what an order of protection actually means and what steps you should take next. How you respond early on can make a real difference in how the situation unfolds. Your first move should be to consult our Indiana criminal defense lawyers at Dogan & Dogan. We can advise on what to do and not do. What is an Order of Protection? In Indiana, an order of protection is a civil court order meant to prevent alleged acts of domestic or family violence, stalking, or harassment. How does it work? A judge can issue a temporary order based only on the petitioner’s statements. The petitioner is the person claiming that you are a threat to them. The judge doesn’t even hear your side of the story before issuing a temporary order. That surprises a lot of people. Someone is Claiming You Were Violent. Are Criminal Charges on the Table? Being served does not mean you have been found guilty of anything. It also does not automatically mean criminal charges are coming your way, but it does mean the court expects you to follow the order to the T. Temporary orders often include restrictions such as staying away from the person, having no contact of any kind, leaving a shared residence, or surrendering firearms. Even if the claims feel exaggerated or completely false, ignoring the order is not an option. This is difficult when you’ve done nothing wrong. Violating an order of protection can quickly turn a civil matter into a criminal one. That is why understanding the order and complying with it is critical, even if you plan to challenge it. It's important to reach out to our attorneys as soon as possible to ensure you're doing everything correctly. Read Your Order Carefully and Consult a Criminal Defense Attorney Some people get caught up in the heat of the moment and don’t look closely at the order. Maybe the first thing you’ve done is Google what to do when you’ve been served with a protection order in Indiana. You need to read the entire order from beginning to end. Every detail matters. Pay attention to distance requirements, contact restrictions, and hearing deadlines. Some orders allow limited contact for specific reasons, such as coordinating child exchanges. Others prohibit all contact, including phone calls, texts, emails, and messages through third parties. If the order says you must move out of your home, do not return unless the court changes the order. If it says you cannot go to certain locations, avoid them completely. Even accidental contact can be seen as a violation. Assuming something is allowed or misinterpreting something in the order can get you into serious trouble. Consulting one of our criminal defense lawyers for advice has to be a top priority. This can feel unfair, especially when the order was issued without your input. Still, compliance protects you while you work through the legal process. Know Your Right to a Hearing Temporary orders of protection are just that, temporary. In Indiana, you have the right to request a hearing and tell the judge your side of the story. The order you were served with should include information about when that hearing will take place or how to request one. Our defense attorneys set up hearings on behalf of our clients all the time. We will do the same for you. What Happens at a Protective Order Hearing in Indiana? At the hearing, both sides can present evidence, testimony, and witnesses. This is our job; you don’t have to worry about doing this on your own. The judge will then decide whether to dismiss the order, modify it, or turn it into a longer-term protective order. This is not a casual conversation with a judge. The outcome can affect your living situation, your parental rights, your reputation, and even your future employment. Showing up prepared with the right defense attorney matters. Waiting too long or failing to appear can result in the order being extended by default. Taking the hearing seriously by hiring a criminal defense lawyer is one of the most important steps you can take. Avoid Common Mistakes After Being Served We know you’re upset. People often make the situation worse by reacting emotionally instead of carefully. Anger, panic, or a desire to “set the record straight” can lead to bad decisions. One of the biggest mistakes is trying to contact the person who requested the order. Even an apology or attempt to explain can violate the order. Another mistake is posting about the situation on social media. Those posts can be used against you in court. Thinking that the order will just go away is also a bad call. Protective orders do not disappear on their own. They require court action, and until that happens, they must be followed. Finally, do not rely on advice from friends or family. Even if they’ve gone through the protective order process, they aren’t lawyers. They don’t know Indiana law the way we do. Having our defense attorneys representing you is your best shot at a positive outcome. Taking the Next Step With the Right Indiana Criminal Defense Lawyer Being served with an order of protection is stressful, but it does not define you or determine the final outcome. What matters most is how you respond. Following the order, understanding your rights, and preparing for what comes next can put you in a much better spot. Acting quickly, with the help of an attorney, can prevent the situation from spiraling into something far more serious. At Dogan & Dogan, our criminal defense attorneys know how to fight orders of protection. Someone has made serious allegations against you, and you don't have to take it lying down. We'll fight for you. Have you been served with an order of protection? Contact us today, and let's talk about your case.
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