The loss of a loved one can be devastating and life-altering. When the death was caused by someone else’s negligence or intentional actions, it can be even more difficult to cope with. In Indiana, the law provides a way for surviving family members to seek justice for their loved one’s wrongful death by pursuing legal action against the responsible party. However, it’s important to be aware of the statute of limitations for wrongful death cases in Indiana.
Statute of Limitations
A statute of limitations is a law that sets a specific time frame in which legal action must be taken. In Indiana, the statute of limitations for wrongful death cases is two years from the date of the deceased person’s death. This means that a lawsuit must be filed within two years of the death, or the case may not be heard by the court.
It’s important to note that this time frame applies to both personal injury claims and wrongful death claims. If the deceased person had a personal injury claim at the time of their death, that claim would also be subject to the two-year statute of limitations.
Exceptions to the Statute of Limitations
There are some exceptions to the two-year statute of limitations in Indiana. For example, if the responsible party is a government entity, the time frame for filing a wrongful death lawsuit may be shortened. In some cases, the time frame may be as short as 180 days from the date of the death. Additionally, if the responsible party leaves the state of Indiana, the statute of limitations may be extended.
It’s also worth noting that the statute of limitations may be “tolled” or paused in certain situations. For example, if the person who caused the wrongful death is not immediately known, the statute of limitations may be tolled until the responsible party is identified. Likewise, if the plaintiff is a minor or has a disability that prevents them from filing a lawsuit, the statute of limitations may be tolled until they are able to do so.
Why the Statute of Limitations Matters
The statute of limitations is an important factor to consider when pursuing legal action for wrongful death. If the deadline for filing a lawsuit passes, the case will likely be dismissed, and the surviving family members will be unable to seek compensation for their loved one’s death.
Filing a wrongful death lawsuit can be a complex and emotional process. That’s why it’s important to work with an experienced attorney who can help navigate the legal system and ensure that all necessary deadlines are met. An attorney can also help determine if any exceptions to the statute of limitations apply to your case.
In addition to seeking justice and holding the responsible party accountable, pursuing a wrongful death lawsuit can also provide financial compensation to help cover expenses related to the death. This can include medical bills, funeral expenses, and loss of income for surviving family members who relied on the deceased person’s income.
It’s important to keep in mind that the amount of compensation awarded in a wrongful death lawsuit can vary widely depending on the circumstances of the case. Factors such as the deceased person’s age, occupation, and earning potential, as well as the level of negligence or misconduct on the part of the responsible party, can all impact the amount of compensation awarded.
In order to ensure that you receive the maximum compensation possible, it’s crucial to work with an attorney who has experience handling wrongful death cases in Indiana. An experienced attorney can investigate the circumstances surrounding the death, gather evidence, and build a strong case on your behalf.
The statute of limitations for wrongful death cases in Indiana is two years from the date of the deceased person’s death. While there are some exceptions to this time frame, it’s important to act quickly if you believe that your loved one’s death was caused by someone else’s negligence or intentional actions. By working with an experienced attorney, you can pursue justice for your loved one and receive the compensation you deserve.
As a law firm that specializes in handling wrongful death cases in Indiana, we at Wyant Law can help you navigate the statute of limitations for these cases. Our experienced attorneys understand the importance of acting quickly and filing your lawsuit within the two-year time frame required by Indiana law. We will work diligently to investigate the circumstances surrounding your loved one’s death and determine if any exceptions to the statute of limitations apply to your case.
At Wyant Law, we have extensive experience handling wrongful death cases in Indiana, and we are committed to providing the guidance and support you need throughout the legal process. We will work tirelessly to build a strong case on your behalf and seek maximum compensation for your losses.
If you are dealing with the aftermath of a loved one’s wrongful death, we are here to help. We will ensure that your case is handled properly and that you receive the justice and compensation you deserve. Contact us today to schedule a consultation and learn more about how we can assist you.