Wrongful Death Lawyer Lake County
Losing a loved one is never easy, but when someone else’s negligence or wrongdoing causes their death, the pain is compounded by shock, anger, and unanswered questions. During this time of grief, legal action may be the last thing on your mind. But holding the responsible party accountable is often a necessary step toward closure, financial stability, and justice. Our wrongful death lawyers in Lake County can help.
At Theodoros & Rooth, P.C., our wrongful death lawyer Lake County law firm represents families throughout Northwest Indiana, including Gary, Hammond, Crown Point, and Schererville. SInce 1988, our law firm has helped grieving families find answers and pursue compensation in the wake of tragic, preventable loss.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies as a result of another person or entity’s negligent, reckless, or intentional behavior. Unlike criminal cases brought by the state, a wrongful death lawsuit is filed by the deceased person’s estate or close family members to seek financial compensation for their losses.
Wrongful death claims are not about placing a monetary value on a life; they’re about justice, accountability, and helping loved ones cope with the devastating financial and emotional aftermath. The compensation awarded can help cover funeral costs, lost income, and the emotional toll of losing a family member.
Common Causes of Wrongful Death in Indiana
Tragic deaths can happen anywhere, but some causes are more common than others, especially on the busy roads and industrial sites of Northwest Indiana. At Theodoros & Rooth, P.C., we handle wrongful death claims arising from these kinds of incidents.
Motor Vehicle Accidents
Car crashes, truck accidents, and motorcycle collisions are among the leading causes of wrongful death in Lake County. Dangerous intersections, distracted driving, drunk driving, and speeding contribute to fatal crashes on I-80/I-94, US-30, and local roads throughout the county.
Medical Malpractice
When doctors, nurses, or hospitals make serious errors, such as misdiagnosing a life-threatening condition, performing the wrong procedure, or failing to monitor a patient, the results can be fatal. We work with medical experts to hold healthcare providers accountable for medical malpractice that results in death.
Construction and Industrial Accidents
Lake County is home to numerous manufacturing plants, warehouses, and construction zones. These environments pose serious risks. When companies fail to follow safety protocols, employees or bystanders can suffer fatal injuries from falls, equipment failures, or toxic exposure.
Nursing Home Neglect or Abuse
Elderly residents in nursing homes rely on staff for medication, nutrition, and supervision. When caregivers neglect their duties, whether through understaffing or outright abuse, the consequences can be deadly. Families may have grounds for a wrongful death claim if a loved one dies from preventable causes in a long-term care facility.
Defective Products
Faulty brakes, exploding airbags, contaminated medications, or unsafe consumer goods can all lead to fatal incidents. Manufacturers, designers, and distributors may be held liable under Indiana’s product liability laws.
Violent Acts
Even if the person responsible is facing criminal charges for homicide or assault, the family of the deceased can pursue a civil wrongful death claim to recover damages. The civil standard of proof is lower than in criminal court, which means financial accountability can be achieved even if no criminal conviction is secured.
Who Can File a Wrongful Death Lawsuit in Indiana?
In Indiana, the law allows different parties to bring a wrongful death claim depending on the age and circumstances of the deceased.
For Adults
When an adult dies, the personal representative of the estate is responsible for filing the wrongful death lawsuit. Any financial recovery will typically be distributed to the surviving spouse, children, or other dependents as directed by the estate or the court.
For Children
If the deceased was a child (defined as under 20, or under 23 if enrolled in school), the parents or legal guardians may file the claim directly. The damages in these cases may include loss of love and companionship, future earnings, and medical or counseling expenses related to the death.
Understanding who has legal standing to bring a claim can be complicated. Our wrongful death attorneys help families manage Indiana’s wrongful death statutes and ensure claims are filed correctly.
Can You File a Wrongful Death Claim If There Are Criminal Charges?
Yes, you can file a wrongful death claim even if the person responsible is also facing criminal charges for the same incident. In fact, pursuing a civil wrongful death lawsuit is often one of the only ways for families to obtain meaningful compensation and personal accountability after a fatal act of negligence or intentional harm.
Criminal and civil cases are separate legal processes. The state brings a criminal case and focuses on punishing the wrongdoer through jail time, probation, or fines. A civil wrongful death claim, on the other hand, is brought by the surviving family members or the estate of the deceased and seeks financial compensation for the losses they have suffered.
Even if the defendant is convicted, that outcome alone doesn’t provide financial relief to the victim’s family. Filing a civil lawsuit allows you to recover for funeral expenses, lost income, emotional suffering, and other damages not addressed in a criminal trial.
A wrongful death lawsuit does not depend on a criminal conviction. Because civil claims require a lower burden of proof than criminal cases, you can still win your case even if the defendant is acquitted or not charged at all. This allows families to pursue justice and accountability even when the criminal justice system doesn’t provide closure.
At Theodoros & Rooth, P.C., we handle wrongful death claims alongside or after criminal proceedings. We coordinate with law enforcement, monitor the criminal case, and build a strong civil case to protect your family’s rights in every possible way.
What Types of Damages Can Be Recovered?
Wrongful death damages are designed to compensate the surviving family members and estate for the tangible and intangible losses resulting from the death. These may include:
Economic Damages
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of the decedent’s expected income
- Loss of benefits, such as health insurance, pension, or retirement income
- Loss of services the deceased would have provided (childcare, household work, etc.)
Non-Economic Damages
- Loss of companionship, care, guidance, and love
- Mental anguish and emotional suffering
- Loss of consortium for a surviving spouse
Punitive Damages
In rare cases, such as those involving gross negligence or intentional harm, the court may award punitive damages to punish the wrongdoer and deter similar conduct. These are not meant to compensate the family but to serve as a strong message that egregious behavior will not be tolerated.
How a Lake County Wrongful Death Lawyer Can Help
Losing a loved one is emotionally overwhelming, and the legal process only adds to the burden. At Theodoros & Rooth, P.C., our wrongful death lawyers provide compassionate support while handling every aspect of your case.
We assist by:
- Investigating the circumstances of the death, preserving evidence, and identifying all liable parties
- Hiring experts, such as medical professionals, accident reconstructionists, and financial analysts, to support your claim
- Filing legal documents within Indiana’s required deadlines
- Communicating with insurance companies and defense attorneys so you don’t have to
- Fighting for a fair settlement or taking your case to trial if needed
- Standing beside you and your family, offering personalized attention and honest guidance
You deserve the time to grieve. Our compassionate Lake County wrongful death lawyers will handle the legal battle while you focus on honoring your loved one’s memory.
Indiana’s Wrongful Death Statute of Limitations
Indiana law generally gives families two years from the date of death to file a wrongful death lawsuit. This legal deadline is known as the statute of limitations.
Failing to file within the allotted time can result in your case being permanently dismissed, regardless of how strong it is. There are limited exceptions to this rule, such as delayed discovery or when the claim involves a government agency. However, these are rare and should never be relied on without speaking to an attorney.
It’s imperative to consult a wrongful death lawyer from our firm as soon as possible, so that critical evidence can be preserved, deadlines can be met, and your rights can be fully protected.
Why Choose Theodoros & Rooth, P.C.?
When your family has suffered a devastating loss, you need a legal team that combines compassion with courtroom strength. Here’s why families across Northwest Indiana, trust Theodoros & Rooth,P.C.:
- Over 75 years of combined experience in serious injury and wrongful death law
- Recognized by Best Lawyers, Indiana Super Lawyers, and AV Preeminent by Martindale-Hubbell
- A team-based approach to every case, combining legal strategy, client care, and expert resources
- Deep ties to the Lake County community, including Gary, Hammond, Crown Point, and Schererville
- Proven record of multi-million-dollar verdicts and settlements in complex, high-value cases
- Free consultations and no fees unless we win
You’re not just another case to us; you’re a grieving family in need of trusted advocates. Our wrongful death attorneys are here to stand with you.
Managing Grief and Legal Action
Filing a wrongful death claim may feel like the last thing you want to do while grieving. That’s normal. But taking legal action can provide structure, closure, and financial support when your world has been turned upside down.
At Theodoros & Rooth, P.C., our wrongful death lawyers handle the legal details so you can focus on what matters most: healing, honoring your loved one’s legacy, and supporting your family. You’ll receive regular updates, compassionate counsel, and honest advice every step of the way. You don’t have to choose between grief and justice; you can pursue both.
Wrongful Death Frequently Asked Questions (FAQs)
How much is a wrongful death case worth?
The value of a wrongful death case depends on several factors, including the decedent’s age, occupation, life expectancy, and the emotional and financial impact on surviving family members. While no amount of money can replace a life, compensation can ease financial burdens and provide a sense of accountability.
What if the person responsible for a fatality is facing criminal charges?
You can still file a civil wrongful death claim even if a criminal case is pending, or even if the defendant is acquitted. Civil claims have a lower burden of proof and can result in financial accountability even without a conviction.
Who receives the money from a wrongful death claim?
In Indiana, compensation typically goes to the deceased person’s spouse, children, or other dependents. The personal representative files the claim on behalf of the estate, and the court may oversee how funds are distributed based on relationships and dependency.
How long does a wrongful death lawsuit take?
Some cases resolve in a matter of months, while others take a year or more, especially if the claim goes to trial. Our wrongful death lawyers work efficiently while ensuring no detail is overlooked. We’ll guide you through the timeline based on the unique facts of your case.
Can siblings file a wrongful death lawsuit?
Typically, a sibling cannot file the claim unless they are named as the personal representative of the deceased’s estate or are legal heirs with standing under Indiana law. We can help clarify your legal position during a free consultation.
Is there a cap on damages in Indiana for wrongful death cases?
There may be damage caps in certain types of wrongful death cases, such as those involving medical malpractice or claims against government entities. We can review your case and determine whether any limits apply.
Contact Our Wrongful Death Lawyer Lake County, Indiana Law Firm
No one can undo the pain of a wrongful death, but you can seek justice, accountability, and a more secure future for your family. Let the wrongful death attorneys at Theodoros & Rooth, P.C. be your trusted advocates during this difficult time.
We offer free, confidential consultations, and you won’t pay any legal fees unless we recover compensation on your behalf. Our attorneys are experienced at handling these highly emotional and sensitive cases with care and professionalism. Contact us online to speak with a compassionate and experienced wrongful death lawyer.