Indiana Wrongful Death Attorney
Losing a loved one is incredibly difficult under any circumstances. Knowing that the death was preventable and caused by the negligence or wrongdoing of someone else is especially devastating. At Indianapolis Injury Lawyers, our attorneys are committed to helping families who have lost loved ones in serious accidents and other avoidable incidents. You may be eligible to file a wrongful death lawsuit to hold the responsible party or parties accountable. An experienced Indiana wrongful death attorney at our firm can represent you every step of the way so that your rights, and the rights of your loved one, are protected after an avoidable tragedy. Justice can still be sought after a death of this nature because of the provisions of the wrongful death law in Indiana.
What is a Wrongful Death? An Indiana Wrongful Death Attorney Explains
Under Indiana law, a wrongful death is defined as one in which “the death . . . is caused by the wrongful act or omission of another.” It is easiest to understand by looking at personal injury cases. In a personal injury case, an injured person has a right to file a claim for compensation against the at-fault party. The same is true in a wrongful death action, but, because the deceased person can no longer bring an action, it is up to another person to represent the deceased and file a wrongful death claim.
A wrongful death lawsuit acknowledges that, if the deceased had survived the injuries, that person would have been able to file a personal injury lawsuit. The law maintains that ability to seek justice from the person who caused the wrongful act or omission that ultimately led to death. When you engage an Indiana wrongful death attorney from Indianapolis Injury Lawyers, your case is in the hands of a skilled litigator with a thorough understanding of strategies required for success in wrongful death cases.
Filing an Indiana Wrongful Death Claim
At Indiana Code chapter 34-23-1-2, the Indiana General Assembly sets forth how a personal representative of a deceased individual’s estate can bring a wrongful death lawsuit when the death is caused by the wrongful act or omission of another. However, litigation in general is governed by strict rules of trial procedure, and an experienced Indiana wrongful death lawyer is best able to explain the possible compensation in a wrongful death cases and develop strategies for a successful claim.
Your Indiana wrongful death attorney can help you seek justice and recovery of losses related to the following:
- Medical and surgical expenses
- Hospital expenses
- Funeral expenses
- Burial expenses
- Lost earnings
- Loss of love and companionship
- Estate administration expenses, including attorney’s fees
Recovery is not automatic, and it is also not limited to these items. Your Indiana wrongful death attorney can help you know what to ask for by evaluating the specific circumstances of your Indiana wrongful death claim.
There are also a few types of damages that may not be recovered, including:
- Damages for grief
- Punitive damages (meant to punish the responsible party or parties)
Although only the personal representative of the deceased’s estate can bring a wrongful death lawsuit, multiple survivors of the deceased may be able to recover damages. Survivors may include:
- A surviving spouse
- Surviving children
- Other surviving dependents
It is up to a court or a jury to determine the amount of damages. When it is a parent or a child who seeks damages, that parent or child must prove that there was a genuine, substantial, and ongoing relationship with the deceased.
Using an Indiana wrongful death attorney can relieve you of the burden of proving an Indiana wrongful death claim during an emotional time. Your attorney knows, for example, how to show that a genuine, substantial, and ongoing relationship existed between the plaintiff or plaintiffs and the deceased. Your attorney should also know about the current caps on recoverable damages and proposed increases to the caps. With this knowledge, your Indiana wrongful death lawyer can maximize your recovery to the extent possible in your pursuit of justice. You can leave the filing to the attorneys, who know what to supply to the court, what to ask for, and what the deadlines are.
The Statute of Limitations for Your Indianapolis Wrongful Death Case
It is easy to lose track of time or to be overwhelmed after the death of a loved one. An Indiana wrongful death lawyer can help begin the complicated process of bringing a wrongful death action and protecting your right to compensation. In an Indiana wrongful death case, a wrongful death claim must be filed within two years from the date of the death for the surviving family members or other dependents to be eligible for compensation. Once that two-year window closes, the wrongful death lawsuit will be time-barred.
When you need a wrongful death attorney in Indianapolis, the Indianapolis Injury Lawyers can give you peace of mind to know that your claim will be filed timely and accurately so that you meet the statute of limitations and other requirements of the court and the law.
Contact an Indiana Wrongful Death Attorney
If you lost a loved one because of someone else’s negligence or wrongful act, it is critical to begin working with an Indianapolis wrongful death attorney on your case as soon as possible, even if you’re not sure you have a claim. While we know how difficult it can be to even begin thinking about the possibility of filing a lawsuit when you are facing so many other challenges surrounding your loved one’s death, we also know how important it is to hold the liable party accountable and to help you seek the compensation you need. Contact Indianapolis Injury Lawyers to learn more about how our firm can assist with your Indiana wrongful death claim.
Call us at 317-455-4043 or complete our simple contact form to schedule a free consultation with an Indiana wrongful death attorney today.