Fishers Wrongful Death Attorney
Helping residents throughout Fishers, Indiana
Do You Need Legal Help?
Do You Need Legal Help?
Attorney Christopher Wyant is here to help you.
An injury can be devastating to you and your family. Attorney Christopher Wyant believes that lawyers should be approachable and easy to talk to. It shouldn't be difficult to get advice about a situation that might be unfamiliar to you and to have your rights explained to you. Contact Chris for help with your injury case.
Losing a family member is one of the most devastating experiences a person can endure. The grief can feel overwhelming, and when that loss was caused by someone else’s negligence or wrongful act, it can add layers of anger and confusion.
At Wyant Law, we understand the immense pain you are going through. While no amount of money can replace your loved one, holding the responsible party accountable can provide a sense of justice and the financial stability your family needs to move forward.
If you have lost a loved one in a preventable accident, a compassionate Fishers wrongful death lawyer at our firm is here to offer guidance and support. Please reach out to us for a free and confidential consultation to discuss your situation.
During such a profoundly difficult time, choosing a legal representative who is not only knowledgeable but also genuinely compassionate is crucial. Attorney Chris Wyant believes that lawyers should be approachable and easy to talk to, offering an honest assessment of your situation and your options. For over 16 years, he has guided families through the complexities of personal injury and wrongful death claims across Indiana.
At Wyant Law, we are committed to providing personalized attention. You are not just another case file to us; you are a family from our community navigating an unimaginable loss. We are dedicated to shouldering the legal burdens so you can focus on healing.
Here is what you can expect when working with our firm:
We stand by your side on the long road ahead, offering the dedicated legal support your family needs during this challenging journey.
When you hear the term “wrongful death,” it can sound confusing. In simple terms, a wrongful death is a death caused by the wrongful act or neglect of another person or entity. Essentially, if the person who passed away could have filed a personal injury lawsuit had they survived their injuries, their surviving family members may be able to file a wrongful death claim.
The legal basis for these claims in Indiana is established in state law. The Indiana General Wrongful Death Act outlines the framework for these cases. This law allows the personal representative of the deceased’s estate to seek justice and compensation on behalf of the surviving family members.
To successfully bring a wrongful death claim, we must typically prove several key elements:
Understanding these legal concepts is the first step in determining how to proceed with holding the responsible party accountable for their actions.
Wrongful death can result from almost any type of personal injury incident. The attorneys at Wyant Law have handled hundreds of personal injury cases throughout Indiana and are prepared to assist families whose loved ones were lost due to a variety of tragic circumstances. We understand the unique factors involved in each type of accident and can apply that knowledge to your family’s case.
Our firm frequently handles wrongful death claims arising from:
No matter the circumstances of the incident, our goal is to provide compassionate and determined legal representation for your family.
We know you have many questions during this difficult time. Below are answers to some common concerns families have about the wrongful death claims process in Indiana.
In Indiana, the statute of limitations for most wrongful death cases is two years from the date of the person’s death. This is a strict deadline, and if a lawsuit is not filed within this period, your family will likely lose the right to seek compensation forever. It is very important to contact an attorney as soon as possible to ensure your rights are protected.
At Wyant Law, we handle wrongful death cases on a contingency fee basis. This means you do not pay any attorney’s fees upfront. We only receive a fee if we successfully recover compensation for your family through a settlement or a court verdict. If we do not win your case, you owe us nothing for our legal services.
Indiana follows a modified comparative fault rule. This means your family may still be able to recover damages as long as your loved one was not 51% or more at fault for the accident. If they are found to be partially at fault (but 50% or less), the compensation award would be reduced by their percentage of fault. For example, if your loved one was found 20% at fault, the total damages would be reduced by 20%.
A wrongful death claim is a civil lawsuit, while a case brought by the state (like for vehicular homicide) is a criminal action. The two are completely separate. A wrongful death lawsuit’s goal is to obtain financial compensation for the victim’s family, while a criminal case’s goal is to punish the offender. A civil claim can be pursued regardless of whether criminal charges are filed.
One of the most important procedural questions in a wrongful death claim is who has the legal authority to file the lawsuit. Indiana law is very specific on this point. The claim cannot be filed directly by a spouse, parent, or child. Instead, the lawsuit must be initiated by the personal representative of the deceased person’s estate.
So, who is the personal representative?
Even though the personal representative is the one who officially files the lawsuit, they act on behalf of the surviving family members who are entitled to recover damages. The compensation recovered in the lawsuit is distributed to these statutory beneficiaries, not held by the estate.
In Indiana, the beneficiaries typically include:
In cases involving the death of a child, the rules are slightly different under a separate statute, Indiana Code § 34-23-2-1, which allows the parents to file the claim jointly. These legal rules can be complex, and a wrongful death attorney in Fishers can help your family navigate the process of appointing a personal representative and ensuring the claim is filed correctly.
A wrongful death lawsuit seeks to recover compensation, known as damages, for the losses the surviving family members have suffered due to their loved one’s passing. The purpose of these damages is to provide financial relief for the tangible and intangible costs associated with the loss. While no amount of compensation can undo the tragedy, it can help ease the financial strain and provide a measure of accountability.
In Indiana, the damages available in a wrongful death claim are intended to compensate the family for their losses, not to punish the at-fault party. These damages can generally be categorized as follows:
It is important to understand that Indiana law places some limitations on damages. For instance, punitive damages, which are designed to punish a defendant for particularly reckless behavior, are generally not available in wrongful death actions. Additionally, damages for the family’s grief and sorrow are not recoverable as a separate category, though they are inherently part of the loss of companionship.
Calculating the full extent of these damages requires a thorough analysis of financial records, expert testimony, and a deep understanding of the family’s personal loss.
Navigating the legal system after losing a family member can feel impossible. The grief is raw, and the procedures are complicated. This is where a dedicated wrongful death attorney in Fishers can provide invaluable assistance, handling all the legal complexities so your family can focus on being there for one another. An attorney acts as your advocate, your guide, and your voice throughout the entire process.
Here are some of the critical ways an attorney can help with your case:
Having a skilled and compassionate wrongful death lawyer on your side ensures your family’s rights are protected at every turn.
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We know that this is an incredibly painful and challenging time for your family. You are not alone. At Wyant Law, we are here to provide the compassionate support and determined legal advocacy you need to navigate the path ahead. Attorney Chris Wyant is committed to providing honest, straightforward advice and working tirelessly to help your family achieve a sense of justice and security.
Let us handle the legal burdens so you can focus on healing. We serve clients in Fishers, Hamilton County, Indianapolis, and throughout the state of Indiana.
For a free, no-obligation consultation to discuss your case with a caring Fishers wrongful death lawyer, please contact Wyant Law today at 317-683-0333 or through our online form.
Do You Need Legal Help?