Losing a loved one is devastating. When their death stems from someone else’s negligent conduct, the loss becomes even more difficult to bear. Filing a wrongful death claim in Indiana won’t make up for the loss, but it could potentially provide compensation for survivors.
If you find yourself in this unfortunate position and wish to file a wrongful death lawsuit, use the information below as your guide.
Research the Statute of Limitations
Surviving family members may be able to seek justice via a personal representative in a wrongful death claim. wrongful death claim. However, each state puts a deadline on when plaintiffs can file lawsuits. In Indiana, the statute of limitations for wrongful death suits is two years from the date of the victim’s passing.
Lawyers usually don’t advise waiting until the statute of limitations is about to run out before exploring your legal options for seeking compensation. Try to begin the filing process shortly after your loved one’s passing to expedite the process.
Speak With a Personal Injury Lawyer
If you wish to file a wrongful death claim in Indiana, it helps to have legal representation. Consult local personal injury law firms that handle these types of cases. Attorneys can review the details of your case and determine whether filing a lawsuit is an option.
Before you move forward with an attorney, ask about their track record of recovering damages for clients. You should also inquire about their billing structure. If they operate on a contingency fee basis, you may not have to pay any legal fees unless the case ends with a settlement or other financial reward.
Gather Evidence To Help Determine Liability
Building a strong case requires evidence supporting your claim. Wrongful death cases involve proving that one party breached their duty of care to cause harm to another. Potential pieces of evidence that may support your claim include:
- The decedent’s medical records, including autopsy reports
- Witness statements
- Testimony from professionals
- Video footage
- Police reports
The nature of the case determines which types of evidence may be useful. For example, if you want to prove that negligence contributed to the loss of a loved one. Medical malpractice led to someone’s death, the evidence may differ from a wrongful death claim involving a drunk driver.
Evaluate Financial Damages Surviving Family Members May Claim
How much could a wrongful death claim in Indiana, under Indiana law, be worth? The deceased’s kin may be eligible for financial damages, such as:
- Loss of consortium: Families could argue for compensation for their loss of companionship.
- Lost income: If the decedent is a key provider for a family, damages in a wrongful death claim could cover the family’s lost earnings.
- Funeral expenses can be included in the types of wrongful death claims you may pursue.: Funeral costs are among the first set of economic damages that lawyers calculate.
Evaluating damages is a crucial step in the process. The attorney representing the plaintiff, a wrongful death attorney, helps calculate potential economic, non-economic, and punitive damages.
Begin the Litigation Process
Once you complete the steps above, it’s time to officially file the claim and kickstart the litigation process. The defendant will receive notification about the suit and work on their defense. Lawyers on both sides may begin settlement negotiations as they exchange information regarding the types of wrongful death claims.
If neither party agrees to settle, the case may go to trial. A jury will hear both arguments and determine the verdict.
Frequently Asked Questions (FAQs)
What is a wrongful death claim in Indiana?
A wrongful death claim in Indiana is a legal action initiated when a person’s death is caused by the negligence or wrongful act of another party. The claim is filed by a personal representative of the deceased’s estate and aims to hold the responsible parties accountable while seeking compensation for the surviving family members. Indiana law specifies who can file such claims and outlines the types of damages that may be recovered, including medical and funeral expenses, lost income, and non-economic damages like loss of companionship.
How to file a wrongful death lawsuit in Indiana?
To file a wrongful death lawsuit in Indiana, the personal representative of the deceased’s estate must first establish eligibility to bring the claim under Indiana’s wrongful death statute. This involves gathering evidence of negligence or wrongful actions, determining the responsible parties, and filing the claim within the statute of limitations, which is typically two years from the date of death. It is advisable to consult an experienced wrongful death attorney to navigate the legal process effectively.
What types of damages can be claimed in a wrongful death case?
In a wrongful death case, families may pursue various types of damages, which can be categorized into economic and non-economic damages. Economic damages include medical and funeral expenses as well as lost income, while non-economic damages encompass emotional losses such as loss of love and companionship. The specific damages available can vary based on the circumstances and the relationship of the survivors to the deceased, as Indiana imposes caps on certain types of damages.
What is the statute of limitations for filing a wrongful death claim in Indiana?
The statute of limitations for filing a wrongful death claim in Indiana is generally two years from the date of the death of the loved one. Failing to file within this timeframe can result in the loss of the right to seek compensation. It is crucial for surviving family members or the personal representative to be aware of this deadline to ensure that legal action can be pursued effectively and timely.
Consult an Experienced Attorney About Your Indiana Wrongful Death Claim
Do you want to seek justice for a loved one’s passing due to negligence? Stewart & Stewart Attorneys may be able to help. Contact our firm today to learn more about filing a wrongful death claim in Indiana.
We handle these cases with compassion and sensitivity, advocating for our clients every step of the way. Reach out to us online or call (317) 537-9616 to request a consultation with a wrongful death attorney.