Hiring a Wrongful Death Lawyer in Indiana
Who can bring a wrongful death claim in Indiana, the deadline, limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Indiana: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. The agreement must be a writing signed by the client stating how the fee is figured, including percentages on settlement, trial or appeal, which expenses come out of the recovery and whether before or after the fee is calculated, and any expenses the client owes whether or not they win; at the end, the lawyer gives a written statement of the result and the client's share. Indiana bars contingent fees for criminal defendants and domestic relations fees contingent on securing a dissolution, on the amount of maintenance, support or property settlement, or on obtaining child custody. A contingent fee for a post-judgment domestic relations collection action is allowed if the lawyer advises the client in writing about other collection options and otherwise complies with Rule 1.5(c). |
|---|
Indiana rules to know first
| Who can sue | The deceased person's personal representative brings the action. Recovery for medical, hospital, funeral and burial expenses goes to the estate. The rest goes to the surviving spouse and dependent children, or dependent next of kin, distributed like the deceased's personal property. If there are no such survivors, damages go to those who provided hospital, medical, funeral and burial services and to the estate for administration costs. Separate rules for the death of a child (Ind. Source: Ind. Code § 34-23-1-1 |
|---|---|
| Deadline to file | The personal representative must file a wrongful death lawsuit within two years. Source: Ind. Code § 34-23-1-1 |
Find and check a lawyer
| Lawyer referral service | The Indiana State Bar Association does not run a statewide referral line; it offers a Find a Lawyer directory (InBar.Reliaguide.com) and information on local resources for attorney referral. The Indiana courts' self-help site also lists Virtual Ask a Lawyer, hosted by the Indianapolis Bar Association (call or chat online). Also: https://www.in.gov/courts/selfservice/resources/ |
|---|---|
| Check that the lawyer is licensed | The Indiana Supreme Court's Roll of Attorneys, maintained by the Office of Admissions & Continuing Education, can be searched by last name and, optionally, city. It shows the attorney number, name, address and phone on file with the Clerk, the date admitted to practice in Indiana, and the status of the attorney's license. You can also call Admissions and Continuing Education at 317-232-2552 to confirm license status, whether formal charges are pending and whether the lawyer has been disciplined before. Roll of Attorneys search: https://courtapps.in.gov/rollofattorneys |
| Check discipline history or file a complaint | Grievances about Indiana lawyers go to the Indiana Supreme Court Disciplinary Commission (staffed by the Office of Judicial & Attorney Regulation). Submit the Request for Investigation form online, or print and mail it to 251 N. Illinois Street, Suite 500, Indianapolis, IN 46204; call (317) 232-1807 to have a form mailed. Include the lawyer's name, any court cause number, a short statement of the conduct, and copies of supporting documents. The Commission does not recover money, file criminal charges or give legal advice, and fee disputes generally fall outside discipline unless the fee is clearly unreasonable. A grievance cannot be withdrawn once filed. Disciplinary history is public once formal charges are filed; Supreme Court discipline orders since 2003 are posted online. Discipline decisions: https://www.in.gov/courts/public-records/orders/discipline |
Free legal help
| Free legal aid | Indiana Legal Services, the state's LSC-funded legal aid organization, "provides free civil legal assistance to eligible low-income people throughout the State of Indiana" (indianalegalservices.org). Indiana Legal Help (IndianaLegalHelp.org) helps with cases, forms and finding no-cost or low-cost legal aid, and Indiana.FreeLegalAnswers.org lets qualifying people ask volunteer attorneys questions for free. The courts' Self-Service Legal Center provides information and forms for people representing themselves. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
|---|
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.