The loss of a loved one can be difficult for anyone to manage, let alone a death that stems from someone else’s negligence. If you find yourself in this situation, you may wish to take legal action. Learn more about filing a wrongful death lawsuit in Indiana so you know what to expect.
What Prompts People To File Wrongful Death Claims?
These lawsuits focus on one basic question: Did someone’s negligent actions (or inactions) directly cause another person’s death? Claims may involve a wide range of scenarios, including:
- Nursing home negligence
- Medical malpractice
- Fatal construction accidents
- Truck, car, or motorcycle accidents
These cases can be complex, and you may not have the grounds to pursue legal action, depending on your individual circumstances. Consult a knowledgeable attorney to explore your options.
Only Certain People Can Pursue an Indiana Wrongful Death Claim
As devastating as it can be to lose your best friend, colleague, or relative, the law doesn’t always recognize these relationships for the purpose of filing a wrongful death lawsuit in Indiana. According to the state’s wrongful death statute, Indiana locals can only file a claim if a judge appoints them the personal representative of the victim’s estate.
This individual will be known as the plaintiff and seek damages on behalf of the victim’s family. If the case ends with a pre-trial settlement or a jury rules in favor of the plaintiff, they can distribute damages to eligible individuals, such as:
- The victim’s surviving spouse
- Dependent children of the deceased
- Other dependent next of kin
Every Indiana personal representative lawsuit is different, but a qualified attorney can help you determine whether you may be eligible for damages.
Key Steps in the Process of Filing a Wrongful Death Lawsuit in Indiana
While the details of each case vary, personal representatives should consider the following steps:
- Meeting with an attorney: A wrongful death lawyer can discuss the validity of a case and offer their professional opinion.
- Gathering and reviewing evidence: Attorneys need evidence to support their client’s claim. Gather documents like the deceased’s medical records, accident reports, and witness statements to build a compelling case.
- Issuing a legal complaint: An attorney may recommend filing a preliminary complaint with a regulatory body before moving forward with the lawsuit. An example of this would be issuing a complaint with Indiana’s Department of Insurance about a medical malpractice claim.
- Filing a lawsuit: You can then file a wrongful death lawsuit in Indiana on behalf of your deceased loved one.
Potential Indiana Wrongful Death Damages You May Pursue
If a case resolves with a wrongful death settlement in Indiana, the funds can provide financial benefits to the victim’s next of kin. While the circumstances differ for every case, a lawyer may advocate that the negligent party compensate the deceased’s loved ones for the following:
- Funeral expenses: The plaintiff may include the victim’s funeral costs in their sum of economic damages.
- Medical bills: Families often seek compensation for any relevant medical care a victim received before their death.
- Lost income: Settlement funds may help reduce the financial impact of losing a household’s primary provider.
- Loss of companionship: Non-economic damages, such as the loss of companionship, may also be accounted for in a potential settlement sum.
Consult an Experienced Wrongful Death Attorney About Your Case
Filing a wrongful death lawsuit in Indiana can seem daunting, but Stewart & Stewart Attorneys can guide you through this complex process. Our team has years of experience and approaches every case with sensitivity and compassion. Call (866) 925-3011 or submit our online contact form to schedule a consultation with one of our knowledgeable lawyers.