Wrongful Death

Have you lost a loved one because of someone else’s negligence?

It’s painful to lose a loved one, especially due to someone else’s negligence or recklessness.

Indiana law refers to these situations as wrongful death. In Indiana, people whose lives are negatively impacted by the death may sue the liable party or parties for damages related to the death, including financial and emotional damages.

The surviving family members may be entitled to compensation for the victim, victim’s estate, or the deceased’s beneficiaries.

Cases of wrongful death might include: 

  • Automobile crashes
  • Falls
  • Dog attacks
  • Shootings
  • Medical neglect
  • Other acts causing death

ARE YOU…

  • Wondering if you even have a claim?
  • Feeling confused about what steps you need to take?
  • Unsure of how to get help with your medical expenses or normal monthly bills?
  • Feeling stressed because of lost wages from the inability to work?

CASE EVALUATION

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Frequently Asked

Questions

What are recoverable damages in a wrongful death?

  • Loss of Love, Companionship, or Care
  • Loss of Parental Training and Guidance
  • Loss of Future Earnings the Deceased Would Have Provided
  • Medical Bills and Funeral Expenses

What is considered a wrongful death?

A wrongful death is a death caused by the negligence or recklessness of a person or entity. A wrongful death can happen in a car crash, a fall, a shooting, a dog attack, medical neglect, and so forth.

Several incidents may fall under this law, including a death that results from a car or motorcycle accident caused by another’s reckless or careless driving. Negligence can include a failure to diagnose a fatal disease, negligent medical treatment, or even neglect. Nursing home abuse may be included in this category.

Why file a wrongful death claim?

A wrongful death case is not about putting a price on a person’s life. It is about ensuring the liable parties are held responsible for what they caused. It will also help the family of the deceased cope with their financial and emotional losses. This is especially true when the loss of a parent or spouse eliminates a significant amount of financial support for the family.

A wrongful death case can only be pursued by a person appointed as the personal representative of the deceased’s estate. (A family member or any other person the court approves to serve the role of a personal representative.) That person has the legal authority to pursue a wrongful death claim on behalf of the decedent’s estate. That person does not have to be a beneficiary of the estate. The estate’s beneficiaries are determined by Indiana probate law.

It is helpful to talk with an experienced wrongful death attorney to review your case and help you understand the options for pursuing a wrongful death claim.

How long do I have to file a lawsuit?

You must file a lawsuit within two years of the deceased’s death. The lawsuit must be filed by the personal representative of the Estate who is appointed by the Court.