Fort Wayne Wrongful Death Lawyer
Losing a family member to a tragic accident may be the most difficult thing that you ever have to go through. At the office of Keffer Hirschauer LLP, our Fort Wayne wrongful death lawyers know that there is nothing that can be said or done to alleviate your pain or undo the wrong you have suffered. As your family grieves, our lawyers will be by your side to support you in pursuing damages through a wrongful death claim. Call us today to learn more about your rights and how to seek justice.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of civil action that seeks to hold one party liable for the death of another. Under Indiana statute,a wrongful death lawsuit can be pursued when a wrongful act or omission leads to the death of another. Note that a wrongful death lawsuit is totally separate and distinct from a criminal case related to the death of a person, and the outcome in each court may differ. A civil action is used to recover damages to compensate the family for a loved one’s death.
Damages recoverable in a wrongful death suit include:
- Funeral and burial expenses;
- Any medical expenses related to the injury incurred prior to death;
- The value of the decedent’s lost wages and benefits that would have been earned but for death; and
- The costs associated with pursuing the wrongful death action (i.e. attorney’s fees).
Who Can File a Wrongful Death Lawsuit?
While damages recovered in a wrongful death action will be distributed to beneficiaries of the estate, only the personal representative of the decedent can bring forth the action. Usually, the personal representative is named in a will; however, if no personal representative has been named, the court will appoint one. This may be a spouse, an adult child, or another trusted person.
Statute of Limitations for a Wrongful Death Lawsuit in Fort Wayne
If you have lost a loved one, your grief may be paralyzing and thinking about filing a civil action may be the furthest thing from your mind. While it can be extremely challenging to call an attorney, doing so as soon as possible is important. You only have two years from the date of your loved one’s death to file a wrongful death lawsuit in court; if you wait longer than two years, you can be permanently barred from recovery.
Our Fort Wayne Wrongful Death Attorneys Are Here to Serve You
Our lawyers know that there are no words to be said when someone’s negligence or wrongful act results in your loved one’s life being lost. While we can never undo the harm that you’ve suffered, we hope that we can help you to recover a financial award that will allow you to support yourself into the future, and which can serve as a sign of justice. At the office of Keffer Hirschauer LLP, our Fort Wayne wrongful death attorneys are ready to talk with you today. Please call our lawyers directly or send us a message to request a free consultation at your convenience.