South Bend Wrongful Death Lawyer

South Bend Wrongful Death Lawyer

Losing a loved one is never easy. When your loss is the result of the negligence of another party, you may be able to recover financial compensation for medical expenses, funeral expenses, loss of wages, and other losses. With the help of an experienced South Bend wrongful death lawyer from Blackburn Romey, you can pursue the financial resources you need during this difficult time.


At Blackburn Romey, we are committed to providing families that have experienced the loss of a loved one with compassionate services. We will provide you with the guidance and representation you need to pursue compensation for your loss. We will work to hold the responsible party or parties accountable for their actions.

Contact our law firm today to schedule a free consultation with our team. We’d be glad to review your case and go over your rights and options with you.

How Is Wrongful Death Defined in South Bend?

Under Indiana state laws, wrongful death is defined as a death that is caused by the negligent, reckless, or intentional actions of another party. Wrongful death cases are civil matters. Unlike criminal cases, the punishment for causing a wrongful death is paying financial compensation to the surviving family members of the deceased.

It is possible to file a wrongful death claim against a liable party even if the death of your loved one is subject to criminal investigations. You will be required to provide evidence to show negligence on the part of the at-fault party. You will also need to show that their negligence resulted in the death of your loved one.

If your loved one’s death was the result of the negligence of another party, you should speak with a South Bend wrongful death lawyer from Blackburn Romey. We will review your case and investigate it thoroughly to determine the cause of the death of your loved one and who may be held liable. We will build a strong case on your behalf and pursue the at-fault party for financial compensation.

Common Causes of Wrongful Death in South Bend

There are many circumstances that can result in a wrongful death claim. These include:

  • Car accidents
  • Bicycle accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Birth injuries
  • Medical malpractice
  • Premises liability
  • Defective medical devices
  • Defective products
  • Workplace accidents
  • Drowning
  • Harmful prescription drugs
  • And many more

No matter the circumstances of your case, the team at Blackburn Romey can provide you with the guidance and support you need during this difficult time. We will investigate your case to determine the cause of the death of your loved one. We will identify the party or parties that can be held liable and aggressively pursue them for compensation for your loss. Contact us today to schedule a free consultation with an experienced South Bend wrongful death lawyer from our law firm.

Damages Available for a Wrongful Death Claim

There are various damages available for wrongful death claims. Every case is unique. The compensation awarded to the survivors of the deceased will depend on the circumstances of their case. In general, the damages commonly awarded for a wrongful death claim include:

  • Funeral, burial, or cremation expenses
  • Loss of companionship, affection, guidance, and care
  • Loss of income and financial support

In Indiana, the damages for funeral and burial expenses are paid directly to the deceased’s estate. However, other damages can be divided amongst the surviving family members or the deceased’s dependents. The distribution of these damages is decided by the court.

There are some limits and caps for wrongful death damages. If the deceased was an adult with no spouse or dependent children at the time of their death, the state caps the non-economic damages recoverable in a wrongful death claim at $300,000. However, if the deceased had a spouse or dependent children there is no cap on the damages recoverable in most circumstances.

Filing a Survival Action

Filing a wrongful death claim is different from filing a survival action in Indiana. Wrongful death claims allow families to seek compensation for losses incurred after the loss of their loved one. However, survival actions allow families to seek compensation for damages incurred while their loved one was still alive.

There are various types of damages that you can recover through a survival action. These include:

  • Medical expenses including hospitalization and treatment of your loved one until their death
  • Personal property damage
  • Lost wages from the time of the accident to the time of their death
  • Pain and suffering

Only a representative of the deceased’s estate can file a survival action.

Talk to An Experienced South Bend Wrongful Death Lawyer

We know that dealing with the loss of a loved one isn’t easy. However, if the death of your loved one was caused by the negligence of another party, you should act quickly. The statute of limitations on wrongful death cases in Indiana is 2 years from the date of the death. Contact Blackburn Romey to get started on your wrongful death claim and ensure your opportunity to hold accountable those responsible for the death of your loved.

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Gary Batiste
2 years ago

Blackburn and Romney went above and beyond to get the settlement I deserved. Tom and his staff were right by my side and in contact with me when I needed them. If your looking for a injury attorney there is no need to look further. I was beyond satisfied with the professionalism and care.

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Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.