Losing a loved one is one of the most difficult experiences anyone can go through. When that loss is due to someone else’s actions, the grief can feel even more overwhelming. If you’ve recently experienced the death of a family member or close relative and believe it was caused by someone else’s negligence, you may be considering a wrongful death claim. At Wyant Law, we understand that this is an incredibly difficult time for you, and the emotions you are feeling may make the process of understanding your legal rights and options even more confusing. We want to help guide you through this process, explain who can file a wrongful death claim in Indiana, and show you how we can help you seek justice for your loved one.
What is a Wrongful Death Claim in Indiana?
A wrongful death claim in Indiana is a legal action that seeks compensation for the survivors of a person who has died as a result of someone else’s negligent or intentional actions. This can include accidents such as car crashes, medical malpractice, defective products, or even intentional acts like assault. It is important to understand that a wrongful death claim is separate from a criminal case. While the person responsible for the death may face criminal charges, a wrongful death claim is focused on securing compensation for the surviving family members and holding the responsible party accountable for their actions.
Who is Eligible to File a Wrongful Death Claim in Indiana?
In Indiana, there are specific guidelines about who is allowed to file a wrongful death claim. These rules are designed to ensure that the people who are most affected by the loss, and those who are financially dependent on the deceased, are able to seek justice. If you are wondering whether you qualify to file a claim, it’s important to understand these criteria.
Generally, in Indiana, the personal representative of the deceased’s estate is the person who is eligible to file a wrongful death claim. This individual is appointed by the court and is typically a close family member, such as a spouse, child, or parent. However, the personal representative can be anyone the court deems qualified to serve. The personal representative does not mean the executor or administrator of the estate if the deceased had a will. A probate estate and wrongful death estate are separate and distinct under the law. The personal representative does not need to be a legal professional but must be responsible to manage the wrongful death claim on behalf of any beneficiaries. This representative has the legal responsibility of managing the wrongful death case, including filing the claim and distributing any compensation to the surviving family members.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Who Benefits from a Wrongful Death Claim in Indiana?
While the personal representative files the claim on behalf of the deceased’s survivors, the individuals who may benefit from a wrongful death claim in Indiana vary depending on what type of wrongful death claim exists. Indiana allows for 3 types of wrongful death claims: (1) general wrongful death, (2) adult wrongful death, and (3) child wrongful death. Depending on the type of claim, the beneficiaries could be the surviving spouse, children, parents, and sometimes other dependents. If there are no surviving family members in these categories, the court may allow distant relatives, such as siblings, to be eligible for compensation.
If you are a surviving spouse, child, or parent, you may be entitled to compensation for the emotional and financial losses you have suffered due to the death of your loved one. This can include loss of companionship, lost wages, funeral expenses, and other related costs. The compensation you may be entitled to will depend on the details of the case, and a thorough investigation into the circumstances surrounding the death will help determine the appropriate amount.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
Understanding the Role of the Personal Representative
The personal representative plays a key role in the wrongful death process. Their duties go beyond filing the claim; they are responsible for gathering evidence, negotiating with the insurance companies, and ultimately ensuring that the compensation goes to the rightful beneficiaries. The personal representative should be someone who is trustworthy and capable of handling the sensitive nature of this type of case.
It is important for the personal representative to consult with a wrongful death lawyer throughout the process. Legal advice can ensure that all proper legal procedures are followed, and that the claim is filed correctly to maximize the potential for a successful outcome. At Wyant Law, we have extensive experience handling wrongful death cases, and we work closely with our clients to ensure that every step of the process is handled with care and precision.
Statute of Limitations in Indiana for Wrongful Death Claims
In Indiana, there is a time limit for filing a wrongful death claim, known as the statute of limitations. In most cases, the claim must be filed within two years from the date of the incident causing the deceased’s death. If the claim is not filed within this timeframe, it may be dismissed by the court, and the right to seek compensation may be lost. It is important to act quickly after a wrongful death to ensure that your case is filed in time. Since the wrongful death lawsuit has to be filed by a personal representative, that personal representative has to be appointed before the wrongful death lawsuit can be filed.
While two years may seem like a long time, the process of gathering evidence, investigating the circumstances of the death, and preparing legal documents can take time. It is advisable to speak with a wrongful death lawyer as soon as possible to ensure that your case is handled properly and within the required time limits.
Related Videos
How Long Does it Take to Settle a Personal Injury Case?
How should I choose a personal injury attorney for my claim?
Why You Need a Wrongful Death Lawyer in Indiana
When facing the loss of a loved one, the emotional burden can feel overwhelming. The last thing you should have to deal with is the complex legal process of filing a wrongful death claim. That’s where the experienced team at Wyant Law can step in and help. We understand how important it is to secure a successful outcome in your case and ensure that your family receives the compensation you deserve.
Filing a wrongful death claim in Indiana requires a thorough understanding of the law and a strong commitment to your case. Our team is here to provide the support and guidance you need to navigate this difficult time. We are dedicated to helping you secure the justice and compensation your family deserves.
If you have lost a loved one due to someone else’s negligence, we encourage you to reach out to us today. We will provide a compassionate, thorough, and diligent approach to your wrongful death case, ensuring that you receive the best possible chance at success. At Wyant Law, we are here to help you during this challenging time, and we are committed to securing the best outcome for you and your family.