What Evidence Do You Need to Prove Wrongful Death in Indiana Workplace Accident Cases?

Losing a loved one because someone else acted carelessly—or worse, recklessly—is one of the hardest things a family can go through. When that loss happens on the job or due to another person’s negligence, Indiana law allows certain surviving family members to bring a wrongful death claim. These lawsuits can’t undo what happened, but they can help hold the responsible party accountable and ease the financial stress that often follows.

If you’re asking what evidence do you need to prove wrongful death in Indiana, you’re likely trying to find answers during an already painful time. Maybe your loved one died in a construction site fall in Indianapolis, a machinery accident in Fort Wayne, or a warehouse incident in Evansville. These tragedies leave a hole no amount of compensation can fill. But the law does provide a way to seek justice—and doing that starts with strong, well-documented evidence.

If someone else’s negligence led to your loved one’s death, especially in a workplace setting, you have the right to take legal action. Proper evidence forms the backbone of a wrongful death case, and gathering it the right way can make all the difference.

Reach out to an Indiana wrongful death attorney in your area for a free consultation. An experienced attorney can help build a solid case and push for the compensation your family deserves.

Schedule a Free Initial Consultation Today!

Essential Evidence for Proving Duty of Care

Proving the existence of a duty starts with showing the relationship between the person who died and the person or company being held accountable.

Relationship Evidence

Documents like employment contracts, work logs, or payroll records can show that an employer-employee relationship existed. If the case involves a medical provider, patient records may help establish that connection.

Industry Standards and Regulations

Employers in cities like Gary, South Bend, and Terre Haute must follow Occupational Safety and Health Administration (OSHA) regulations, state labor laws, and internal policies. These standards outline what employers should be doing to keep their workers safe. Evidence showing what those rules are helps prove what level of care was owed.

Testimony on Standard of Care

People with experience in the relevant industry can explain what the responsible party should have done under the circumstances. For instance, a construction foreman may testify about fall protection procedures that were or weren’t followed.

Evidence for Establishing Breach of Duty

Once the duty is established, the next step is showing that the person or company failed to uphold it. Several types of evidence can show this breach.

Eyewitness Testimony

Coworkers, bystanders, or first responders can describe what they saw. If your loved one died in a fall at a warehouse in Lafayette, someone who watched it happen may be able to testify that no guardrails were in place.

Documentation of Negligence or Misconduct

Emails, internal memos, text messages, and inspection reports can reveal that management knew about a hazard and ignored it.

Violations of Safety Regulations or Protocols

A forklift operator without proper training or an employer ignoring safety inspections could be violating state or federal regulations. Citations from agencies like OSHA can carry a lot of weight.

Internal Company Records

Training logs, accident reports, and maintenance records may show that the company failed to fix a known hazard or didn’t follow its own policies.

Evidence Connecting the Breach to the Death (Causation)

Proving a connection between the breach and your loved one’s death isn’t always straightforward. You’ll need evidence that ties the negligent act directly to the fatal result.

Medical Records and Autopsy Reports

These documents help pinpoint the exact cause of death and can show whether the injuries match the alleged breach. For example, if your loved one suffered head trauma in a fall, an autopsy can confirm that the trauma led to death.

Medical Testimony

Doctors or forensic pathologists can explain how the injuries happened and rule out other potential causes. If the company tries to argue that your loved one had a pre-existing condition, this testimony can help push back.

Timeline Documentation

Security footage, time-stamped photos, or emergency call logs can piece together what happened and when. In a steel plant in Hammond, for example, showing that a supervisor ignored a spill for hours before a worker slipped could be key.

Accident Reconstruction Evidence

Rebuilding the event through computer modeling or physical demonstration can give jurors a clearer picture of how the breach caused the death.

Documenting Damages

To receive compensation, you need to prove that the death caused real, measurable losses. That includes financial support your loved one provided and intangible losses your family now suffers.

Medical Expenses Prior to Death

Ambulance fees, ER treatment, surgeries, or ICU stays may have added up in the hours or days before your loved one passed. These costs can be claimed.

Funeral and Burial Costs

Indiana law allows families to recover reasonable expenses for burial and memorial services. Receipts and invoices help document this loss.

Lost Wages and Future Earning Capacity

If your loved one was the primary earner, you can claim not only lost income but also the future earnings they would have provided. Pay stubs, tax returns, and employment records all come into play.

Loss of Love, Care, and Companionship

This type of damage reflects the emotional support, guidance, and affection your loved one provided. Spouses, children, and sometimes parents can claim this loss, depending on the situation.

Special Considerations in Indiana Wrongful Death Cases

Indiana has some specific rules that shape how wrongful death claims work.

Who Can File

Only the personal representative of the deceased’s estate can file the lawsuit. This person is often named in the will or appointed by a probate court.

Statute of Limitations

Families must file the claim within two years from the date of death. Waiting too long can block your right to compensation.

Caps on Certain Damages

In some cases, Indiana limits non-economic damages. For example, if a government agency caused the death, compensation for pain and suffering may be capped.

Adult Children vs. Dependent Children

The law treats claims for deceased children differently depending on their age and dependency status. Parents of adult children may have more limited recovery options than those of minors who lived at home.

Gathering and Preserving Evidence

Strong evidence doesn’t appear out of thin air—it must be collected quickly and carefully.

Acting Quickly Matters

Witness memories fade, and physical evidence disappears. If your loved one died in a factory accident in Bloomington, for example, waiting too long might mean key surveillance footage gets erased.

Working with Investigators

Private investigators can help gather statements, take photos, and examine the scene. They may spot things others miss.

Preserving Electronic and Physical Evidence

Photos of the scene, texts, emails, and safety gear used at the time can all help. Keep everything, even if it doesn’t seem important at first.

Legal Tools for Obtaining Evidence

Attorneys can issue subpoenas to get company records or use discovery to force the other side to share documents. These tools make it harder for the at-fault party to hide what really happened.

Role of Expert Witnesses

Some wrongful death cases require input from people with advanced knowledge in specific areas.

Types of Experts Used

Depending on the case, you might need medical professionals, engineers, economists, or workplace safety professionals.

How Experts Strengthen Your Case

They can explain technical concepts to a jury in plain language. For example, if your loved one died due to faulty equipment in a Muncie warehouse, an engineer might testify about design flaws or poor maintenance.

Finding Qualified Experts in Indiana

Attorneys with experience in wrongful death cases usually know where to find credible professionals who’ve testified before and can handle scrutiny.

Indiana Workers’ Comp Death Benefits

When a worker in Indiana dies due to a job-related injury or illness, surviving family members may qualify for workers’ compensation death benefits. These benefits aim to reduce the financial strain on the deceased worker’s dependents by covering part of the lost income and funeral costs.

Here’s a breakdown of what Indiana workers’ comp death benefits include, who can claim them, and how they’re paid out.

Who Can Receive Workers’ Comp Death Benefits in Indiana?

Indiana law limits death benefits to certain dependents of the deceased worker. These can include:

• Surviving spouse
• Children under 21 (or over 21 if incapacitated)
• Other dependent family members, such as parents or stepchildren, in some cases

Dependents must be wholly or partially financially dependent on the worker at the time of death. That’s determined based on financial records, living arrangements, and support history.

What Benefits Are Available?

• Weekly Wage Replacement: The employer’s insurance company pays two-thirds (66.67%) of the worker’s average weekly wage, up to a state maximum set each year by the Workers’ Compensation Board. Payments continue for up to 500 weeks from the date of injury. If multiple dependents qualify, the benefit may be split between them.
• Funeral and Burial Expenses: Indiana law provides up to $10,000 to cover funeral and burial costs.
• Medical Expenses Prior to Death: Any reasonable medical expenses incurred as a result of the injury or illness before death may be covered.

What If the Employer or Insurer Denies the Claim?

Sometimes, insurers dispute whether the death was work-related or try to reduce benefits. If that happens, families have the right to:

• Request a hearing before the Indiana Workers’ Compensation Board
• Present evidence, including medical reports, eyewitness accounts, and employment records
• Hire a workers’ compensation attorney to help prepare and present the case

How an Attorney Can Help You

Wrongful death attorneys do more than just file paperwork. They investigate the death, build a compelling case, and deal with the insurance companies trying to minimize payouts. If the company or their insurer refuses to accept fault or make a fair offer, the attorney can take the case to court.

Your attorney may:

• Interview witnesses
• Request and review internal company documents
• Bring in expert witnesses
• Negotiate with insurers
• Prepare your case for trial if necessary

Hiring someone familiar with Indiana wrongful death law gives your case a stronger chance of success. Insurance companies, including workers’ comp insurers, often take these claims more seriously when an attorney is involved.

Contact Our Indiana Wrongful Death Lawyers Now

If someone else’s actions caused your loved one’s death—on the job or elsewhere—Klezmer Maudlin PC is ready to help. With deep experience handling wrongful death and workplace injury cases across Indiana, we understand what it takes to build a strong claim. Our Indiana personal injury attorneys have handled cases involving construction deaths in Indianapolis, industrial accidents in Fort Wayne, warehouse injuries in South Bend, and more.

We don’t just go through the motions. We gather the evidence, deal with the other side, and fight for the compensation your family needs to move forward. And we don’t get paid unless you do—whether that comes from a settlement or a verdict.

Your first consultation is always free. Let’s talk about what happened, what your family needs, and how we can help you get justice.

Contact Klezmer Maudlin PC today to request your free case evaluation.

Schedule a Free Initial Consultation Today!