Legal Options After a Fatal Car Accident in Indiana
What Indiana families should know when pursuing a wrongful death claim after a fatal crash.
When someone you love is killed in a car accident caused by another driver's negligence, your world changes forever. Nothing can bring back your family member, but you shouldn't have to face financial devastation on top of your emotional pain.
At Wilson & Novak Law Offices, we understand the tactics insurance companies use because we've been on both sides of these cases. Our Indiana car accident attorneys previously worked for insurance companies, fighting to deny claims and minimize payouts. Now we use that insider knowledge to aggressively pursue maximum compensation for families who have lost loved ones due to someone else's reckless behavior.
Understanding Wrongful Death Claims After a Fatal Car Accident in Indiana
A wrongful death claim gives families the legal right to seek compensation when their loved one dies due to someone else's negligent, reckless, or intentional actions. If the victim could have filed a personal injury lawsuit had they survived, then the family can pursue a wrongful death case.

Fatal car accidents often result from preventable causes like drunk driving, distracted driving, speeding, or failure to follow traffic laws. When drivers make these dangerous choices and someone dies as a result, the law provides a way for families to hold them accountable.
Who Can File a Wrongful Death Lawsuit in Indiana?
State laws determine who can file wrongful death lawsuits and who can receive compensation, and it varies from state to state. In Indiana, only the estate’s personal representative can file a claim. However, any compensation will then benefit qualified parties, including the surviving spouse, children, or other dependents.
Types of Compensation Available to Families
Wrongful death cases can recover several different types of damages that recognize the various ways losing a family member affects survivors. Further, Indiana makes certain compensation available to claimants based on their relationship with the victim.
- Lost income and benefits – Includes the earnings the victim would have provided throughout their working life, plus benefits like health insurance, retirement contributions, and other financial advantages.
- Value of household services – Childcare, home maintenance, financial management, and elder care provided by the deceased.
- Medical and funeral expenses – Final bills and burial costs, which can be substantial.
- Loss of companionship and guidance – Emotional suffering, loss of support, and for children, loss of parental care and guidance.
How Insurance Companies Minimize Fatal Accident Claims
Insurance companies use tactics to reduce wrongful death payouts, often taking advantage of grieving families. They may question the victim's value, dispute fault, and use delaying tactics.
Because our attorneys have worked for insurance companies, we know their strategies. We aggressively counter their arguments, present evidence of your loved one's contributions, and prove fault through thorough investigation.
Why a Thorough Investigation is Critical
Fatal car accident cases require swift and comprehensive investigation to preserve evidence and build strong claims. Our team conducts:
- Accident scene analysis
- Vehicle examinations
- Electronic data reviews
- Witness interviews
We work with experts to examine vehicle damage, analyze impact patterns, and determine factors like speed and direction — building a persuasive case that secures justice for victims’ families.

Dealing With Multiple Insurance Companies
Fatal car accidents often involve multiple insurance policies and companies. The at-fault driver's liability insurance is usually the primary source of compensation, but there may be others:
- Commercial policies if the driver was working
- Umbrella policies for additional coverage
- Your own underinsured/uninsured motorist coverage
Our team identifies every potential source of recovery so your family isn’t left with uncovered losses.
Why Our Experience Fighting Insurance Companies Matters
Members of our team once defended insurers, so we know exactly which evidence they fear most, how they calculate exposure, and the language that moves adjusters.
That insider knowledge lets us build cases that neutralize their defenses and present proof in formats that maximize payouts.
We’ve worked for insurance companies in the past — now we use that knowledge to fight for the compensation families deserve throughout Northwest Indiana.
Get the Representation Your Family Deserves
Losing a family member in a car accident is devastating, but you shouldn't have to fight insurance companies alone. At Wilson & Novak Law Offices, we:
- Work on a contingency fee basis — no fees unless we win
- Offer aggressive representation backed by insider insurance knowledge
- Serve clients throughout Merrillville, Crown Point, Valparaiso, Schererville, and all of Northwest Indiana
Contact Wilson & Novak Law Offices today at 219-757-0225 or online to learn how we can help your family secure the justice and compensation you deserve.
Who can file a wrongful death claim in Indiana after a fatal car accident?
State laws determine who can file wrongful death lawsuits and who can receive compensation, and it varies from state to state. In Indiana, the estate’s personal representative can file a claim. However, any compensation will then benefit qualified parties, including the surviving spouse, children, or other dependents.
How long do I have to file a wrongful death claim in Indiana?
Most wrongful death claims must be filed within two years of the person’s death. Missing this deadline can result in losing the right to recover compensation.
What damages can families recover after a fatal car accident?
Families may be eligible to recover costs related to funeral expenses, outstanding medical bills, lost income and benefits, loss of companionship, and the value of services the deceased contributed to the household.
