Do you have a wrongful death case in Indiana?

by | Jul 13, 2020

Nothing is more traumatic in life than losing a loved one too soon. When a loved one is lost because of someone else’s actions or inaction, it’s almost unbearable. Your family deserves justice and compensation for your loss.

When someone is killed because of someone else’s wrongful act or omission, the surviving heir may have a “wrongful death” claim, and the deceased person’s loved ones may have the right to seek damages.

Wrongful death in Indiana means:

A person died as a result of the wrongful act or omission of another (fault), and one or more family members of the deceased suffered “damages.”

Wrongful Death Damages include:

  • Lost future earnings of the loved one you lost.
  • The companionship of the person is lost.
  • Psychological counseling expenses incurred by parents or siblings of a deceased child may be reimbursed.
  • Costs of administering the estate
  • Attorney fees incurred prosecuting the wrongful death action.
  • Funeral, burial, last medical, and hospital expenses of the decedent.

What decedents create the right to wrongful death damages?

  • An Adult with a surviving spouse;
  • An Adult with a surviving dependent child or children;
  • An Adult with a surviving dependent next of kin;
  • An unmarried Adult with no dependents but surviving non-dependent child or children or surviving parent(s);
  • A Child.

If the decedent is an adult, then only a “personal representative” of the estate may initiate a wrongful death suit. The personal representative is either someone named in the decedent’s will or someone appointed by the court for a decedent without a will.

If the decedent is a child under 18 or a child under 21 still in school, then the suit can be brought directly by a surviving parent or guardian.

What events can lead to a wrongful death case?

When a person is killed due to the wrongful action or omission of another, it might lead to a wrongful death lawsuit. Here are some types of accidents that might lead to a wrongful death lawsuit.

No matter what the reason for the loss of your loved one, it helps to seek the advice of a wrongful death attorney to help you understand if you have a valid case and to protect your rights.

How long do you have to file a wrongful death lawsuit in Indiana?

The statute of limitations requires plaintiffs to file their wrongful death claims within two (2) years of the death, or if the negligent party is employed by a government entity, you could have as little as 180 days to protect your claim.

Do you need a wrongful death attorney in Indiana?

If you or someone you know has lost a loved one due to the wrongful action or omission of another person or organization, we are so sorry and send our heartfelt condolences.

Please contact our injury team today for a free wrongful death consultation.

You take care of yourself, loved ones, and friends. Our team will handle your wrongful death case and work to achieve the best outcome possible for your case.

The last thing you need is to deal with insurance companies who will pressure you to accept less than you deserve.

Put our over 40 years of experience handling wrongful death and personal injury cases to work for you. We know how to handle the insurance companies so you get the compensation you deserve.

Our wrongful death lawyers are ready to take your call.