Wrongful death is a tragic event that occurs when an individual dies due to the negligence or intentional act of another. In Indiana, a wrongful death claim can be brought by the surviving family members of the deceased to recover damages for their loss. This article will discuss who can sue and receive damages in an Indiana wrongful death case.
What Is Wrongful Death?
The term “wrongful death” refers to the passing of an individual as a direct result of another person’s negligent or willful actions. With the help of a wrongful death claim, the victim’s family can pursue financial and emotional compensation for the losses they have incurred due to the passing of a loved one.
Who Can Sue And Receive Damages In An Indiana Wrongful Death Case?
According to the laws of Indiana, surviving members of a deceased person’s family have the right to file a claim for wrongful death against the party responsible for the person’s death. They are the only parties eligible to bring a wrongful death claim.
This includes the spouse, children, parents, siblings, and other family members financially dependent on the deceased. The surviving family members can receive damages for economic losses such as medical bills, funeral expenses, lost wages, and lost inheritance.
What Types Of Damages Are Available In An Indiana Wrongful Death Case?
In an Indiana wrongful death case, the personal representative of the deceased’s estate can bring a wrongful death lawsuit.
Even if this representative might have had any kind of connection to the deceased, state law only permits spouses, children, parents, and very few additional dependents to be awarded damages in a wrongful death claim.
Damages that may be awarded in a wrongful death case include expenses for medical treatment and funeral costs and compensation for the loss of the deceased’s income, companionship, and support. Family members may also be eligible for non-economic damages for emotional losses such as pain and suffering, loss of companionship, and loss of consortium. Claimants could also receive reasonable court costs and other costs related to bringing a wrongful death lawsuit.
If damages are granted, the court will have discretion over allocating the money among the surviving family members. For example, only the parent with legal custody of a deceased child whose parents are divorced may make a claim. In addition, the court may decide to combine several different claims for the same wrongful death.
How Long Do You Have To File A Wrongful Death Claim In Indiana?
The statute of limitations for filing a claim for wrongful death in Indiana is two years from the date the deceased person passed away. The statute of limitations will block the claim if it is not submitted within the first two years after the incident. It is critical to contact specialized personal injury lawyers in Indianapolis as soon as possible to increase the likelihood that your claim will be submitted within the appropriate amount of time.
Your law firm will also explain Indiana’s damage caps for wrongful death claims. When a single adult (23 years or older) with no dependents dies, the estate is only entitled to $300,000 in damages from a wrongful death claim. An interesting and complex case is wrongful death due to medical malpractice, where you might need to deal with caps and the court’s discretion, so it is always best to hire an attorney to fight for your rights.
What Are The Steps To Filing A Wrongful Death Claim In Indiana?
Suppose you are thinking about bringing a claim for wrongful death in the state of Indiana. In that case, you should contact a personal injury lawyer in the state as soon as possible to discuss your choices and the steps involved in filing a claim. Your attorney will be able to assist you in locating the parties responsible for the incident and collecting evidence to back up your claim. In addition, they will be able to guide you on the most effective approach to pursuing your claim and negotiating a settlement.
Conclusion
It is crucial to seek the assistance of expert personal injury lawyers in Indianapolis to protect your rights, as filing a claim for wrongful death in Indiana is complicated. Find a law firm with proven experience in defending clients in wrongful death claims that can assist you in pursuing the damages you are entitled to due to the incident. Get in touch with a reputable legal team immediately if you have lost a loved one due to the carelessness or intentional conduct of another person so that we can explain your rights and the various legal alternatives available to you.