Avon Wrongful Death Lawyer
If you lost a spouse, parent, or child in an accident, please contact us today. You might be entitled to compensation.
Examples of Wrongful Death
Indiana Code 34-23-1-1 defines a wrongful death as a death caused by the “wrongful act or omission” of another person or entity. We have seen many types of wrongful death cases, including those stemming from:
- Motor vehicle accidents
- Defective products
- Dog attacks
- Nursing home negligence or abuse
Whenever a death results from the negligence, recklessness, or intentional conduct of another person, you might have a case. Speak with an Avon wrongful death lawyer to review.
Bringing a Wrongful Death Case
Wrongful deaths are civil, not criminal, cases. The prosecutor does not bring a wrongful death case. Instead, Indiana law assigns responsibility for filing the suit to the estate’s personal representative. You can find the personal representative by looking in your loved one’s will. If there was no will, then the court can appoint someone.
Although the representative files the suit, any compensation goes to family members, such as the spouse, children, or parents.
When a minor child dies, the parents have the legal responsibility for filing suit. When parents are divorced, the parent with legal custody files.
Compensation for a Wrongful Death Case
Because this is a civil case, the defendant cannot go to jail. However, he or she can be forced to pay compensation to family members. Our clients have received compensation in the form of money damages for:
- Medical expenses to treat a loved one’s final injuries or illness
- Funeral and burial expenses
- Any wages and benefits a loved one would have earned had he or she lived
- The costs of pursuing the wrongful death case
Parents pursuing a wrongful death case for the loss of the child can also receive compensation for the loss of the child’s love, companionship, and services. Though difficult to value in monetary terms, these losses can be considerable. In some wrongful death cases, Indiana’s law puts a cap on damages, so discuss your case with an Avon wrongful death attorney to learn more.
Filing a Timely Suit
Indiana law provides that a wrongful death lawsuit must be filed within two years of the death, otherwise the suit is barred by the statute of limitations. Surviving family members should quickly meet with an attorney to review whether they have a case. Wait too long, and the court will toss out a lawsuit, no matter how much merit it has.
Avon Wrongful Death Attorneys
Wrongful death cases are often more complicated than the run-of-the-mill personal injury case. Evidence is often harder to obtain, and defendants fight liability aggressively. In your time of grief, please reach out to Indianapolis Injury Lawyers to discuss your loved one’s death.