The loss of a loved one is always a traumatic event. However, when someone we love is taken from us due to a careless or negligent act, it adds another realm of emotions to an already difficult situation. It can be difficult for family members to move forward, and for many, there’s the worry of how they will get by financially.
If you believe that your loss was due to someone’s carelessness, talk to an Anderson wrongful death lawyer. Our compassionate legal team can help you through this difficult time and assist you in seeking justice and accountability.
Who Can File a Wrongful Death Claim?
A wrongful death occurs when a negligent, careless, or intentional act causes someone’s death. Indiana law allows the victim’s surviving family to file a wrongful death lawsuit to recover damages. Typically, the court will appoint a personal representative to file the lawsuit on behalf of the family. This person may be the one named in the deceased’s will or a close family member.
Wrongful Death Filing Deadline
Indiana Code §34-11-2-4 states that a wrongful death lawsuit must be filed within two years from the date of your loved one’s passing. Filing a lawsuit after this window of opportunity has closed will result in the claim being dismissed. To ensure that you receive justice and compensation for the wrongful death of your loved one, it’s very important to work with a wrongful death attorney as soon as possible.
An Anderson Wrongful Death Lawyer Will Seek Justice on Your Behalf
A wrongful death lawsuit can be filed for many different types of accidents and unfortunate situations. However, they may not always be obvious. Working with an experienced team of personal injury lawyers is the best way to seek justice for the loss of your loved one. An Anderson personal injury lawyer can help you navigate the complexities of your case and ensure that you receive the support and compensation you deserve.
A fatal accident could occur due to a number of different circumstances, such as:
- Motor vehicle accidents
- Medical malpractice
- Faulty or unsafe products
- Dog attacks
- Workplace accidents
- Prescription errors
- Slip and fall accidents
An Anderson wrongful death attorney can help to determine the root cause of the accident, prove negligence, and build the strongest case to support your claims.
What Damages Can Be Recovered in a Wrongful Death Claim?
While no amount of money can erase the pain of losing a loved one, it can help bring about closure, especially when the responsible party is held accountable. However, when the deceased was the family’s main income earner, you could be worried about how you and your family will make ends meet.
Damages in an Anderson wrongful death claim fall into two categories.
Economic Damages
Economic damages are those that have a quantifiable monetary amount and can include:
- Medical expenses: All costs related to the medical care and treatment prior to the death of your loved one can be claimed as damages.
- Funeral and burial expenses: Memorial services, funeral, and burial expenses for the deceased can be recovered.
- Loss of wages and benefits: Compensation for all expected income and benefits can be a part of a wrongful death lawsuit and can include loss of lifetime expected income and loss of health benefits.
- Loss of services: If the deceased provided household services like childcare, house cleaning, or home maintenance, the monetary value of them can be claimed as a financial loss.
Non-Economic Damages
Non-economic damages are those that don’t have a specific monetary value and usually include:
- Loss of love and companionship: This includes compensation for the loss of a familial relationship.
- Loss of care and guidance: Damages for the loss of emotional care, protection, and guidance can be included in a wrongful death lawsuit.
- Mental anguish: In some cases, mental anguish and pain and suffering can be sought after as damages.
Punitive Damages
If your loved one died as a result of someone’s complete disregard for the safety of others, you may also be able to seek punitive damages. Punitive damages are meant to punish and deter similar behavior in the future. This amount is capped at $50,000 in Indiana, and 75% goes to the Indiana Violent Crime Victims Compensation Fund.
How Yosha Law Can Help
During this challenging time, you may not feel as if you have the time or energy to fight for your loved one. This is where Yosha Law comes in to tackle the legal stuff so you can mourn and care for your loved ones’ surviving members. Our respectful and compassionate team of wrongful death lawyers will ensure that justice and served and compensation is delivered.
Here’s what you can expect from Yosha Law:
- Case evaluation: We will research and evaluate your case to determine if you have grounds for filing a wrongful death case and determine who was at fault and acted with negligence.
- Gathering of evidence: As the plaintiff, you’ll have the burden of proving negligence. We can assist you with gathering the strongest evidence to support your claims of neglect and damages.
- Interview witnesses: Our team will interview any eyewitnesses who can help to support your claims.
- Compassionate support: While you recover from your loss, we will build the strongest case possible for the best possible outcome. We will provide you with real-time updates, and should you have any questions or concerns, we are here to help.
Speak to an Anderson Wrongful Death Lawyer Today
Losing a loved one always brings about a bunch of different emotions. When you’ve lost a family member due to someone’s careless act, this adds to the roller coaster of feelings. While no amount of money can change the past, you shouldn’t have to worry about your financial future when you’ve lost a family member due to someone’s negligence.
Contact an Anderson wrongful death attorney to ensure that justice is served and you’re compensated for your loss.
