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South Bend, IN Wrongful Death Attorney

South Bend, IN Wrongful Death Attorney

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The death of a loved one is often difficult for their surviving family members. If you lost a close relative, you could have lost a companion, financial provider, or caretaker. Your children could have lost years of wisdom and guidance. When the death results from another person, company, or entity’s carelessness or negligence, you might be able to seek monetary compensation through a wrongful death lawsuit.

Our skilled South Bend, IN wrongful death attorneys will guide you through every step of the process. We know that this is a difficult moment and our office handles every case with the compassion, care, and professionalism it deserves.

An unexpected death could leave a family in economic despair. Our office has helped South Bend families seek compensation for lost income, funeral and burial expenses, loss of companionship, and other losses that impact your family’s financial future. Contact Wruck Paupore PC Injury Lawyers at (219) 322-1166 for a full case evaluation, free of charge.

What is an Indiana Wrongful Death Claim?

Under Indiana law, wrongful death is defined as a death due to negligent conduct, such as a car wreck, medical malpractice, or an intentional act, such as a crime. You must file a wrongful death lawsuit within two years of the date of the death. This deadline remains the same whether the deceased was an adult or a child. However, in some instances you are required to take legal action within 180-days, so it is very important that you do not delay in protecting your rights.

A wrongful death lawsuit may arise from various types of accidents and incidents.

Automotive Vehicle Accident

Unfortunately, many car accidents in South Bend result in fatal injuries. These include crashes involving passenger vehicles, trucks, buses, and motorcycles. In some cases, a pedestrian or a bicyclist is killed by a motorist.

Medical Malpractice

Surgical errors, misdiagnoses, birth injuries, and other mistakes could cost a patient their life. Our South Bend personal injury lawyers are committed to holding medical professionals liable for their unjustifiable errors.

Work-Related Injuries

Many families turn to worker’s compensation claims when they lose a loved one in a work-related accident. However, there are times when a negligent third party could be held accountable.

Slip and Fall Accidents

These types of accidents are common and are often serious. A fall from a significant height could be fatal. Property owners should be held accountable if their properties present deadly hazards.

Defective Products

When a product has a design flaw, manufacturing defect, or an insufficient warning label, it could cause an injury. Depending on the product and the nature of the defect, these injuries could be fatal.

Who Can File a South Bend, IN Wrongful Death Lawsuit?

If your loved one’s death is attributable to another’s negligence, you might be wondering about your rights and options. Under Indiana law, the personal representative of the deceased’s estate is entitled to file a wrongful death claim if the death was of an adult. The relationship between the personal representative and the deceased does not matter.

However, what is recoverable in a wrongful death action will depend upon the status of the adult at his or her death. If the adult was married or had dependent children, then recovery may be made for the loss of the spouse or dependent children’s loss of love, affection, and companionship and there is no cap on the amount of recovery in this instance. In other situations, caps on damages may exist which our attorneys will explain to you based on your particular situation.

If you prevail in a wrongful death claim in South Bend, the court will have discretion on how the proceeds are disbursed among surviving family members. In cases where the deceased was the child of divorced parents, only the parent with legal custody is entitled to file a wrongful death claim.

Damages Available in a South Bend Wrongful Death Claim

Indiana has many specific laws that govern compensation awarded in a wrongful death claim. For example, a surviving adult family member is not permitted to recover for emotional suffering or grief. Our South Bend, IN wrongful death attorneys will seek compensation for the following:

  • Funeral and burial costs
  • Lost income and other financial benefits you would have received if the deceased was still alive
  • Loss of love, affection, and companionship (depending on the specific circumstances)
  • Reasonable attorney fees and other expenses associated with your claim

In addition to restricting what a surviving member could be compensated for, Indiana law also sets certain cap limits on the damages available in a wrongful death claim in certain situations.

The Adult Wrongful Death Act caps possible damages for loss of companionship of most unmarried adults, without dependent children, at $300,000 in most instances.

Under Indiana’s Child Wrongful Death Act, there is no specific cap to damages for loss of love, affection, and companionship if the deceased is a child under 20-years-old. In some cases, the age limit is 23 if the person is enrolled in an education program.

Survival Actions in South Bend After a Wrongful Death

In Indiana, a survival action could be filed in addition to a wrongful death claim. Our South Bend, IN wrongful death attorneys may bring one of these types of claims concurrently with the wrongful death lawsuit or as an alternative, depending on the specific circumstances.

A survival action is brought on behalf of the deceased's estate to recover for the damages the deceased suffered before their death. Think of it as a personal injury lawsuit that could have been filed if the deceased had not been killed. In a survival action, the estate of your loved one could be compensated for the following:

  • Pain and suffering experienced before death
  • Lost income between the accident and death
  • Medical bills incurred to treat the deceased
  • Property lost in the accident

South Bend, IN Wrongful Death Attorneys Working for Grieving Families

A wrongful death claim or survival action will not bring your loved one back. However, it might provide a sense of justice and provide the financial compensation you and your family need. Our South Bend, IN wrongful death attorneys provide compassionate and professional legal representation to grieving families. Put that experience to work for you. Call (219) 322-1166 for a free evaluation of your South Bend wrongful death case, 24-hours a day.

Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."
– Trisha L.
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
– Rhonda M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."
– James H
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"A great experience from beginning to settlement."
– William R.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."
– Pat D.

Your Legal Team

Your Legal Team


Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

Understanding the Insurance Company:
Getting Results.

In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

More than 40 Years of Experience.
Still Fighting for Justice.

For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

Real Client Testimonials


"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."

Satisfied Wruck Paupore Client

William H.

"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"

Satisfied Wruck Paupore Client

Dana L.

"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."

Satisfied Wruck Paupore Client

Edithe P.

"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."

Satisfied Wruck Paupore Client

Lisa L.

"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."

Satisfied Wruck Paupore Client

Trisha L.

"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."

Satisfied Wruck Paupore Client

Idell J.

"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."

Satisfied Wruck Paupore Client

Rhonda M.

"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"

Satisfied Wruck Paupore Client

James M.

"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."

Satisfied Wruck Paupore Client

James H.

"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."

Satisfied Wruck Paupore Client

Jay Zoellner

"A great experience from beginning to settlement."

Satisfied Wruck Paupore Client

William R.

"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."

Satisfied Wruck Paupore Client

Chris V.

"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."

Satisfied Wruck Paupore Client

Wayne M.

"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."

Satisfied Wruck Paupore Client

J B

"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"

Satisfied Wruck Paupore Client

Kayla D.

"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."

Satisfied Wruck Paupore Client

Pat D.

Proven Results

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Great results in our auto accident case. Everyone was very helpful and I got a fantastic result. All my bills are paid and I can move on with my life."
– Trisha L.
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
– Rhonda M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"I can’t say enough about Don Wruck and the staff at Wruck Paupore PC Law Offices. When we were in our accident we were already very shaken and confused and in pain. Don and his staff took over with a gentle hand and took care of everything."
– James H
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"A great experience from beginning to settlement."
– William R.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"Wruck Paupore didn’t just represent me. They truly understood my case, but also what I lost. They simply refused to quit. Professional, accessible, informative, transparent, immensely qualified and completely honest. I basically trusted this firm with my future. One decision I’ll never regret. There’s a certain peace of mind you feel when professionals of this level have your back."
– Pat D.