There’s no pain quite like the grief of losing a loved one. When their passing is due to someone else’s negligence, the situation becomes even harder to bear. To seek justice, you may want to file an Indiana wrongful death claim, though not everyone can rightfully do so.
Find out who can file a wrongful death lawsuit in Indiana, what the process entails, and more in this informative guide.
Incidents That May Lead to Wrongful Death Lawsuits
Wrongful death suits are similar to personal injury claims in that they allege someone’s negligent or intentional actions caused harm. Whereas the victim in a personal injury case can pursue damages for themself, wrongful death victims are deceased. Their loved ones may take legal action on their behalf if their death stemmed from a negligent or purposeful act, such as:
- Medical malpractice
- Motor vehicle accidents
- Slip-and-fall injuries
- Injuries from defective products
- Workplace accidents
Who Can File a Wrongful Death Lawsuit?
While a decedent’s surviving family members often receive damages following a lawsuit settlement, they are not always the ones filing a claim on behalf of their loved one. So, who can file a wrongful death lawsuit in Indiana? The answer varies by case.
Suppose the victim is an 11-year-old killed in a car crash caused by a drunk driver. When the decedent is a child, a parent or guardian can file a legal claim for them.
What if the victim is an adult? If they have a will, the executor managing their estate has a legal right to file a claim. Without a will, the court can appoint a personal representative to oversee the estate. This individual may also file a lawsuit on behalf of the victim.
Imagine a 45-year-old man passes away due to alleged medical malpractice. He leaves behind a wife and three children, but his will names his brother as the executor. In this case, only his brother would be able to file a claim once appointed by the court, though his wife and children could be beneficiaries of his estate and recipients of a potential settlement.
Potential Damages That Plaintiffs May Receive
Those who seek financial compensation after someone’s untimely death may claim various damages in the case, including:
- Medical costs prior to the victim’s death
- Funeral expenses
- Loss of companionship
Other compensatory damages may be available based on the victim’s age and family. For example, parents filing a claim on behalf of their child could seek damages for counseling services, legal costs pertaining to their child’s estate, or any debts their child acquired. If an adult victim has dependents, they could seek compensation for the household’s lost earnings.
Surviving family members may not be eligible for compensation if a personal representative waits too long to file a lawsuit. Indiana’s statute of limitations for these cases is two years. The court will dismiss the case if a plaintiff doesn’t file before this deadline passes.
Seek Legal Advice From an Experienced Attorney in Indiana
You may want justice after a loved one’s passing under certain circumstances. Knowing who can file a wrongful death lawsuit in Indiana is the first step in creating an action plan. Reach out to Stewart & Stewart Attorneys if you’re interested in filing a claim.
Our experienced legal team handles a wide range of wrongful death cases and operates out of three convenient locations in the greater Indianapolis area. We can discuss your case details and offer strategies for pursuing the claim. Would you like to learn more?
Submit our online request form or call 1-866-926-2419 to schedule a free consultation.