Losing a loved one is never easy, and the pain becomes even more overwhelming when that loss is caused by the carelessness or wrongful actions of another. If you are reading this, it is likely that you are experiencing this heart-wrenching situation. You might be feeling confused, angry, and uncertain about what to do next. In these difficult times, it’s important to understand that you do not have to go through this process alone. At Wyant Law, we are here to help guide you through every step of the legal journey and ensure that your family receives the compensation it deserves.
Wrongful death claims arise when a person dies due to the actions or negligence of another party. These cases can be complicated but understanding how Indiana courts determine financial compensation can help you make informed decisions as you navigate this challenging period. This guide will break down the key factors Indiana courts consider when determining compensation for wrongful death cases, ensuring that you have a clearer understanding of the process ahead.
Understanding Wrongful Death Compensation
The loss of a loved one can have significant emotional and financial consequences. The financial burden of medical bills, funeral expenses, and the loss of income or companionship can weigh heavily on the surviving family members. In a wrongful death case, the court will assess several factors to determine the financial compensation that the surviving family members may be entitled to. The goal is to provide support for the family during a difficult time, but also to hold those responsible for the loss accountable for their actions.
The Role of the Plaintiff in a Wrongful Death Case
The first thing to understand about wrongful death cases in Indiana is that only certain people can file a claim. Who can file a lawsuit is dependent upon the type of wrongful death case that you have. In Child Wrongful Death cases, the parent(s) or legal guardian(s) can file the lawsuit. In either Adult Wrongful Death cases or General Wrongful Death cases, only a personal representative appointed by a Judge can file a lawsuit on behalf of the surviving estate. Generally, a family member seeks appointment as the personal representative, but it can be anyone the Judge believes is qualified to carry out the responsibilities of the personal representative. The personal representative also does not need to be a beneficiary of the Estate or the wrongful death claim.
The person or entity being sued for wrongful death is typically the one responsible for the death, such as a driver in a car accident or a corporation whose negligence caused a dangerous situation. The court will assess the actions of the defendant and whether their actions directly contributed to the death.
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.
Types of Compensation Available in Indiana Wrongful Death Cases
Indiana law provides two main types of compensation in wrongful death cases: economic and non-economic damages. Economic damages are intended to compensate the beneficiaries for tangible financial losses, while non-economic damages focus on the more intangible aspects of the loss, such as pain and suffering.
Economic damages include things like funeral expenses, medical bills that the deceased incurred before their death, and the loss of future income or benefits. For example, if the deceased was the primary breadwinner of the family, the court will consider how much income the family would have reasonably expected to receive had the person not died. Medical costs, including hospital bills and any treatments that may have been necessary before the passing, can also be included in the compensation.
Non-economic damages are typically harder to calculate but are just as important. These damages are meant to compensate for emotional distress, pain and suffering, and the loss of companionship or society. Indiana courts recognize that the emotional toll of losing a loved one cannot be measured in dollars, but these damages are still part of the financial compensation that the court may award.
How the Court Determines the Value of Economic Damages
When it comes to economic damages, the court will look closely at the financial impact of the death on the surviving family members. One key consideration is the loss of future earnings. If the deceased was employed, the court will evaluate how much they would have earned in the future had they lived. This can include salary, bonuses, pension contributions, and other benefits.
Another important factor is the deceased’s contribution to the household. If the person was responsible for providing financial support to their family, the court will consider how their death has affected the family’s ability to meet its financial needs. For example, if the deceased was a stay-at-home parent, the value of the services they provided, such as childcare and household management, will be factored into the compensation.
Additionally, any medical bills or funeral costs that were incurred as a result of the wrongful death will be part of the compensation package. These are often relatively straightforward to calculate, as they involve invoices and receipts that can be presented to the court.
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How the Court Determines the Value of Non-Economic Damages
Non-economic damages, as mentioned earlier, are more subjective and harder to quantify. These damages are meant to compensate for emotional suffering, pain, and the loss of companionship that the family experiences after the death. While it’s impossible to put a specific dollar amount on these aspects, courts in Indiana use several factors to determine the value of these damages.
One major consideration is the relationship between the deceased and the surviving family members. The closer the relationship, the higher the potential compensation. For instance, a spouse may be entitled to a greater amount of compensation for loss of companionship than a distant relative. Children of the deceased may also be compensated for the emotional impact of losing a parent.
The court will also consider the pain and suffering the deceased endured prior to their death. If the deceased experienced significant pain and distress before passing away, that can increase the potential value of the non-economic damages. This is typically determined by reviewing medical records and witness testimony.
Punitive Damages in Wrongful Death Cases
In some cases, Indiana courts may award punitive damages. These are intended to punish the defendant for particularly egregious or malicious actions that led to the death. For example, if the death was caused by a drunk driver or a company’s reckless disregard for safety, the court may decide to award punitive damages in addition to economic and non-economic damages.
Punitive damages are not awarded in every case, but when they are, they can significantly increase the amount of compensation that the family receives. These damages serve as both a punishment for the wrongdoer and a deterrent to others who might act in a similar manner.
Time Limits for Filing a Wrongful Death Lawsuit in Indiana
It is important to note that in Indiana, there is a time limit for filing a wrongful death lawsuit. This is known as the statute of limitations. In most cases, the parent(s) or personal representative(s) have two years from the date of death to file a wrongful death claim. If the claim is not filed within this time frame, the court will dismiss the case, and the family will lose their right to pursue compensation.
This is why it’s crucial to seek legal advice as soon as possible after the death of a loved one. Our team at Wyant Law can help ensure that your case is filed on time and that all the necessary legal steps are taken to maximize your chances of receiving the compensation you deserve.
At Wyant Law, we understand that dealing with the loss of a loved one is one of the most difficult things you will ever face. We are here to provide you with the support and guidance you need to navigate the legal complexities of a wrongful death case. Our experienced team is committed to helping you secure the financial compensation that can ease the burden caused by this tragedy.
We will work tirelessly on your behalf, gathering evidence, negotiating with insurance companies, and representing your interests in court. You don’t have to go through this process alone. Contact Wyant Law today to discuss your case and take the first step toward getting the justice and compensation your family deserves.