Recover Damages Following A Loved One’s Wrongful Death
The unexpected loss of a loved one can leave a family with undue emotional and financial hardship. If someone you love has passed as a result of negligence, you may be able to recover damages that may help you and your family recover from the loss and hopefully move forward.
What Counts As Wrongful Death?
A wrongful death claim is a civil lawsuit that can be filed by the survivors of a deceased person when the negligent actions of another led to the decedent’s death. There are a number of scenarios for which a wrongful death claim can be brought against a liable party, including:
- Car accidents
- Trucking accidents
- Motorcycle accidents
- Bicycle accidents
- Boating accidents
- Medical malpractice
- Product liability
If there is a criminal case going forward against the person or entity responsible for your loved one’s death, it is still possible to bring a civil wrongful death lawsuit against them.
What To Know About Wrongful Death In Indiana
According to Indiana law, the family of a wrongful death victim can legally file a lawsuit.
Wrongful death lawsuits are intended to compensate a family for the injury to the victim, as well as the loss of financial and emotional support. The survivors of a wrongful death victim can sue for medical expenses incurred for the care of the person who was injured as well as for funeral and burial expenses. The survivors can also be compensated for the earnings the decedent would have earned in the future.
Determining the decedent’s future earning capacity will likely require expert testimony. Additionally, the survival statute may allow a family to recover for the loss of care, comfort and society as a result of the death of their loved one.
What Happens After I Lose A Loved One In An Accident?
Nothing compares to the pain of losing a loved one to an act of negligence. We have seen the devastation that a fatal accident wreaks on the spouse, relatives and friends of a victim. That’s why we are committed to helping clients throughout Indiana recover compensation and hold the negligent party accountable.
We also know that you probably have many questions after losing someone you care about. No matter what kind of accident claimed your loved one, we can help you understand what to expect from the legal process.
What Compensation May I Be Eligible To Receive After The Loss Of A Loved One?
An untimely death can prove shockingly expensive. No amount of money can bring someone back to life, but it can pay for funeral costs and other damages such as:
- Hospital bills
- Funeral and burial expenses
- Loss of income
- Loss of companionship
- Loss of consortium
- Loss of love and affection
These are only a few examples. You can sit down with us to discuss the particulars and learn which other damages you could recover.
Who Is Entitled To Wrongful Death Benefits?
Indiana permits the personal representative of the decedent’s estate to file a wrongful death lawsuit. The person or people who receive the proceeds from a wrongful death claim are governed by statute and are case-sensitive. Depending on the circumstances, the parents, spouse or children of the victim of a wrongful death may be the legal heirs. Friends, siblings, and even are not entitled to the proceeds from a wrongful death claim. A wrongful death estate is different from a regular estate in that it is not controlled by a will and creditors cannot make claims against wrongful death damages.
Are There Caps On Wrongful Death Damages?
There can be, depending on the circumstances. For example, an unmarried person with no living parents or children has a wrongful death claim for only the costs of funeral, burial and last medical expenses. That same person, if married, would have no cap on the amount of damages a jury could award for their spouse’s loss of love, support and affection. Although certain other legal caps, such as the medical malpractice caps or Indiana Tort Claims Act caps, could still apply.
Is There A Statute Of Limitations For Wrongful Death Cases In Indiana?
Yes. You must file a wrongful death lawsuit within two years of your loved one’s death. If you miss this deadline, you lose the right to recover compensation.
What Types Of Accidents Qualify For Wrongful Death Actions?
Any act caused by another party’s wrongful act or omission can count as a wrongful death accident. The following are the types of accidents that qualify for wrongful death actions:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Construction site injuries
- Slip-and-fall accidents
- Animal attacks
- Commercial truck accidents
- Medical negligence
Tragically, these accidents can happen to anyone at any time. Fortunately, we can help you through it.
Get Help After A Loved One’s Wrongful Death
The questions on this page are only the starting point. Our caring team at Ladendorf Law can sit down with you or speak with you on the phone to answer any other questions you have. You can schedule a complimentary consultation by calling 317-842-5800 or by using our online contact form. We are ready to help you.