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Few things are more difficult than dealing with the untimely death of a loved one. Many states have created unique paths for grieving families to seek monetary compensation to make the grieving process just a little more comfortable.

Wrongful death actions are available in most states where the death resulted from negligent or intentionally harmful behavior. However, there are significant differences among the states in areas like who can bring the lawsuit, how long they have to act, and how compensation is calculated and distributed.

Wruck Paupore Injury Lawyers represent the families of wrongful death victims throughout Indiana, Wisconsin, and Illinois and consults on cases throughout the country. Contact one of our wrongful death lawyers today at (219) 322-1166 for a free initial case assessment to understand the value of your case and protect your financial future.

Wrongful Death Law in Indiana

Under Indiana law, a wrongful death is one that was caused by the “wrongful act or omission” of another person or entity. This could be a negligence-based situation, such as a car accident, medical malpractice, or an intentional act like a violent crime.

Regardless of the circumstances, a wrongful death lawsuit should not be confused with a criminal prosecution on the same issue. Criminal cases must be proven “beyond a reasonable doubt” and, if successful, result in fines and jail time. Wrongful death lawsuits are civil actions and directly benefit the deceased’s estate and family members. They also require a much lower burden of proof. We would strongly suggest that you discuss your potential wrongful death case with an attorney, even if there is already an ongoing criminal case on the same matter.

Recovering Damages for a Wrongful Death in Indiana

Indiana law distinguishes between wrongful deaths of children and adults when it comes to wrongful death lawsuit damages.

For the wrongful death of a child in Indiana, damages may include the loss of the child’s love and companionship, the expenses associated with the child’s medical care, funeral costs and estate administration, and the cost of counseling for grieving family members.

For wrongful death lawsuits that arise out of the death of an adult, the law makes further distinctions based on whether the adult was married or had surviving children or dependents. Suppose the deceased was married or had dependents. In that case, the surviving family can recover for the loss of the deceased’s future earnings and their care and guidance, in addition to the loss of love and companionship and medical and funeral costs.

For unmarried adults who died without dependents, damages for the loss of love and companionship are capped at $300,000, and compensation for future earnings will not be available.

How Long Do You Have to File a Wrongful Death Lawsuit in Indiana?

Every state has its own statute of limitations, which governs the time limit for filing a particular type of civil action. For wrongful death lawsuits, Indiana’s statute of limitations requires that the person bringing the lawsuit file less than two years after the date of the death in question. Failing to meet this deadline will likely result in your case being discarded. Avoid missing your deadline by reaching out to an Indiana wrongful death lawyer as soon as possible.

Wrongful Death Law in Illinois

The best way to determine whether you may have a viable wrongful death lawsuit on your hands is to think about the situation like a personal injury claim. If the deceased would have had a valid personal injury lawsuit had they survived the incident, you likely have a wrongful death claim.

Recovering Damages for a Wrongful Death in Illinois

Illinois allows courts to award compensation to the deceased's immediate family members for their loss of financial support, companionship, instruction, education, and guidance. Additionally, you could also recover compensation for medical and funeral expenses, as well as the pain and suffering associated with the untimely loss. Illinois law does not use any caps on the amount of damages a plaintiff could recover in a wrongful death lawsuit.

How Long Do You Have to File a Wrongful Death Lawsuit in Illinois?

Illinois’ statute of limitations for wrongful death lawsuits is complicated. Generally, the civil action must be brought within two years of the date of the death in question, and the personal representative (or “executor”) of the deceased’s estate must be the one to file the claim. If the deceased did not name an executor in their will, a court might appoint one for them.

However, if the death was caused by “violent intentional conduct,” the time limit extends to five years. If the defendant was charged with first- or second-degree murder, intentional or reckless homicide, or manslaughter, the claim may be brought any time within one year of the completion of the case, regardless of how the defendant pled to the charges or whether the defendant was found guilty or not guilty.

Regardless of which time limit applies to your case, failing to file before the time limit expires will almost certainly bar you from recovery. If you have questions about how long you have to file your claim, reach out to one of our Illinois wrongful death attorneys.

Wrongful Death Law in Wisconsin

Wrongful death lawsuits arise under the same circumstances in Wisconsin as in Indiana and Illinois. However, the way courts approach the award of damages and the time limit in which you must file is differently. It is important that you discuss these differences with your Wisconsin wrongful death lawyer so that you are not caught by surprise during the process.

Recovering Damages for a Wrongful Death in Wisconsin

Wisconsin law sets out the order of who can file a wrongful death lawsuit as listed below:

  • Deceased’s spouse or domestic partner
  • Deceased’s children or grandchildren
  • Deceased’s parents
  • Deceased’s grandparents
  • Deceased’s siblings

In any case, the executor of the deceased’s estate may file the lawsuit on behalf of all parties. If the deceased left behind a child under the age of 18, the court will put aside a portion of the total damages for the care of all children that fit the description. The amount will be determined based on the age and needs of the children and the abilities of other surviving caregivers but will never exceed 50% of the total damages awarded.

How Long Do You Have to File a Wrongful Death Lawsuit in Wisconsin?

Wisconsin’s statute of limitations distinguishes wrongful death lawsuits that arise from car accidents from all other wrongful deaths. Generally, the applicable time limit for filing the wrongful death action is three years, but for car accidents, the case must be filed within two years of the date of death.

Talk to Wruck Paupore Today About Your Wrongful Death Claim

To get a free initial case assessment on your case, call the wrongful death attorneys at Wruck Paupore today at (219) 322-1166 and we will work to answer your questions and help you protect your rights.

Proven Results

$875,000

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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.

Best Indiana Auto Accident Lawyer
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.

Best Personal Injury Lawyers Indianapolis
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.

Best Nursing Home Abuse Lawyers Indiana

Real Client Testimonials


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.