Kokomo Wrongful Death Lawyer

Has your family lost a loved one to a wrongful death in Kokomo, IN?

At Hall-Justice Law Firm LLC, we have represented surviving families in wrongful death matters for more than 25 years.

If your family has lost someone because of another party’s negligence in Kokomo, Indiana law provides a civil claim for the resulting losses. A Kokomo, IN wrongful death lawyer determines which statute governs the claim and who is entitled to bring it.

Hall-Justice Law Firm LLC handles wrongful death matters for families in Kokomo and throughout Howard County. Our case reviews are free, and a live person answers every call. You can request a consultation when your family is ready to discuss what happened.

Wrongful Death Lawyer Kokomo, IN

A wrongful death lawyer represents the estate and the surviving family of a person whose death was caused by another party’s wrongful act or omission. The lawyer opens an estate and investigates the cause of death, then proves the losses that the law allows the family to recover. These claims are civil actions for money damages, and they proceed independently of any criminal prosecution.

The Indiana Department of Health reports that injuries of all kinds caused 5,809 deaths in the state during 2024. Injuries are also the leading cause of death for Indiana residents between the ages of 1 and 44. The 2024 total includes deaths from traffic collisions and falls, which are two of the circumstances in which a wrongful death claim commonly arises.

Types of Wrongful Death Cases We Handle in Kokomo

A wrongful death claim rests on the same negligence that would have supported an injury claim if the person had survived. The cause of death identifies the responsible parties and their insurers, so our Kokomo wrongful death lawyer begins every case with the facts of the incident.

• Car accidents. Collisions caused by speeding, distraction, or impairment account for many wrongful death claims. We obtain the crash report and identify every insurance policy that covers the at-fault driver.
• Truck accidents. A crash with a commercial truck can involve the driver, the carrier, and the company that loaded or maintained the vehicle. Driver logs and maintenance records show which of those parties contributed to the death.
• Motorcycle accidents. Riders have little protection in a collision, and many fatal crashes occur when a driver fails to yield. The family’s claim proceeds against the driver whose negligence caused the collision.
• Slip and falls. A fall on unsafe property can be fatal, particularly for an older adult who suffers a head injury or a hip fracture. Liability depends on whether the owner knew of the hazard and failed to correct it.
• Medical malpractice. Surgical errors, medication mistakes, and delayed diagnoses can cause a patient’s death. Qualified physicians must review the medical records before the responsible providers can be identified.
• Farming accidents. Tractor rollovers, grain bin entrapments, and equipment failures occur on farms throughout Howard County. A claim may be available against an equipment manufacturer, a contractor, or another party whose negligence contributed.
• Workplace accidents. A death on a job site can give rise to a claim against a party other than the employer, such as a subcontractor or an equipment supplier. We examine the contracts and safety records to determine which outside parties were involved.
• Defective products. Vehicles, machinery, and consumer goods that fail in ordinary use can cause fatal injuries. The product must be preserved because it is the principal evidence against the manufacturer.

Why Choose Hall-Justice Law Firm LLC as my Wrongful Death Lawyer in Kokomo, IN?

A Firm That Answers When Families Call

Families seldom plan for the day they need a wrongful death attorney in Kokomo, IN, and their first questions often arise outside of business hours. We therefore answer our phones with a live person 24 hours a day and offer every case review free of charge. Susannah Hall-Justice handles our wrongful death cases, and she has practiced law since 1997 with bar admissions in Indiana and Illinois.

Wrongful Death Teaching and Regional Bar Service

Susannah has lectured to other attorneys on wrongful death, and her other seminar topics include juries and medical billing in injury cases. She holds degrees from Harvard University and the Indiana University Maurer School of Law. Much of her bar service has taken place in the counties that border Howard County, where she is a former president of the Carroll County Bar Association and a member of the Cass County Bar Association. Her service also includes a term as president of the Tippecanoe County Bar Association and membership in the Indiana State Bar Association.

What Is Important to Understand About a Wrongful Death Case?

Indiana does not treat every wrongful death claim alike, because three separate statutes apply. The governing statute depends on the age of the person who died and on whether that person had a spouse or dependents. It determines who may file the claim and what damages the family can recover, which makes it the first legal question in every case.

What Is The Wrongful Death Case Timeline?

Indiana’s general wrongful death statute requires the personal representative of the estate to file the action within two years. A claim usually moves through the following steps during that period.

1. An estate is opened in the Howard County courts, and the court appoints a personal representative.
2. We investigate the cause of death through records, witness accounts, and any autopsy findings.
3. We identify the responsible parties and notify their insurers of the claim.
4. We present a demand that documents the family’s losses, and negotiation follows.
5. We file a lawsuit if the insurers do not offer a fair resolution.

Damages, Liability, and Compensation for Wrongful Death Cases

Liability requires proof of the four legal elements of negligence, which are duty, breach, causation, and damages. The damages then depend on which of the three statutes applies.

• The general statute applies when the person who died left a spouse, dependent children, or dependent next of kin. Its damages have no dollar limit and include medical, hospital, funeral, and burial expenses, as well as the earnings the person would have provided.
• The adult statute applies to an unmarried adult without dependents. It allows recovery of medical, hospital, funeral, and burial expenses. It also allows up to $300,000 for the loss of love and companionship, payable to a parent or child who had a genuine, substantial, and ongoing relationship with the person.
• The child wrongful death statute applies to an unmarried person without dependents who was under 20. It also applies to such a person under 23 who was enrolled in a postsecondary or career and technical program. Parents may bring this claim directly, and its damages include the loss of the child’s services, love, and companionship, together with health care, funeral, and counseling expenses.

What Are Important Aspects of a Wrongful Death Case?

Proof of dependency and proof of relationship are central to these claims because they decide which statute applies and who shares in the recovery. Financial records show whether a spouse, child, or relative depended on the person’s income. Photographs, messages, and the testimony of friends show how close a parent and an adult child were. We build a strong case by gathering this evidence alongside the evidence of fault.

A criminal prosecution, where one exists, does not replace the civil claim. The prosecution seeks punishment and is controlled by the State, while the civil claim seeks compensation for the family and is controlled by the estate or the parents. The two cases apply different standards of proof, so the civil claim can succeed regardless of the criminal outcome.

What Should You Bring to Your Wrongful Death Consultation?

The documents below allow us to answer most of a family’s initial questions at the first meeting, and we can help you obtain any that are missing.

• A death certificate confirms the date and the recorded cause of death.
• A report from the Howard County Coroner, if the office investigated, describes the circumstances of the death.
• Pay stubs and tax returns establish the income the person provided to the household.
• Medical bills and funeral invoices document the expenses, and letters from insurance companies show which claims are already open.

The case assessment we provide at that meeting identifies the governing statute and the person entitled to file. We will also tell your family at that meeting if the facts do not support a claim.

Reach Out to Hall-Justice Law Firm LLC to Schedule a Consultation

A wrongful death claim involves court filings and deadlines that a grieving family should not have to manage alone. Contact us to schedule a free case review with a Kokomo, IN wrongful death attorney. Our phones are answered live at all hours, and we will arrange the review for a time that suits your family. During the review, we listen to your account of what happened and explain the steps that would follow.