The loss of a loved one is a terrible burden to bear. However, when they’re taken away from you due to a neglectful act, it’s a whole other world of emotions. When a wrongful death occurs to someone you love, you may not know who to turn to for help.
If you’re thinking about taking legal action related to the death of your loved one, a compassionate Elkhart wrongful death lawyer can help you seek justice and the best possible outcome from a tragic situation. While you take the time to heal, we’ll be fighting for your loved one.
Contact an Elkhart wrongful death attorney to help you seek justice, compensation, and closure.
What is a Wrongful Death Lawsuit?
Indiana recognizes a wrongful death as an accident or situation where an individual or entity’s neglect has caused a fatality. A wrongful death lawsuit allows the surviving family members to seek compensation for the damages and losses suffered as a result of the death. Fatal accidents can be caused by a number of different tragic events, such as:
- Vehicle collisions
- Faulty or dangerous products
- Medical malpractice
- Birth injuries that result in a fatality
- Property negligence
- Slip and fall accidents
- Animal attacks
- Workplace accidents
A local Elkhard wrongful death lawyer can investigate the incident, examine the evidence, determine who is liable, and file a lawsuit. Yosha Law will fight for justice on behalf of your loved one. Yosha Law offers a free consultation to discuss your case.
Who Can File a Wrongful Death Claim?
Indiana recognizes the rights of the surviving family to file a wrongful death lawsuit. Under state law, a close surviving member of the deceased’s family is typically named as the representative of the deceased’s estate and will be the one to file the lawsuit. If the deceased had an executor named in their will, that person would file the claim, even if they aren’t a close family member. They would file the lawsuit on behalf of the immediate family.
Indiana Code §34-11-2-4 states that a wrongful death lawsuit must be filed within two years of the fatality. Attempting to file after this window of opportunity has closed will result in the case being dismissed.
An Elkhart Wrongful Death Attorney Will Fight for You to Receive Full Compensation
Working with an experienced Elkhart wrongful death lawyer is the best way to ensure that justice is served and that the surviving family members receive full compensation for all damages and losses. What can be claimed can differ depending on the circumstances of the case, but generally, damages fall into two categories.
Economic Damages
Economic damages are those that are usually easily quantifiable. While many of them are obvious, there are some that some families may not consider. This fact highlights the importance of working with an experienced wrongful death attorney. Economic damages for a wrongful death lawsuit can include:
- Medical expenses: Any costs associated with the injuries that caused the death of your loved one can be claimed as damages. They can include emergency room fees, surgeries, medication costs, and other financial burdens related to your loved one’s medical care.
- Burial services: Memorial services, funeral, cremation, and burial costs can be claimed in a wrongful death lawsuit.
- Loss of income: Surviving family members who were financially dependent upon the deceased (spouse, children) can claim the expected lifetime earnings their loved one would have earned.
- Loss of services: If the deceased provided general household duties like lawn care, home maintenance, cooking, or childcare, the family could seek compensation for the costs of these services if they have to hire someone to perform them.
Non-economic Damages
Non-economic damages in a wrongful death case are those that compensate for losses but don’t have a direct financial value. These types of losses significantly impact the surviving family and can be claimed as damages. Non-economic damages can include:
- Loss of consortium: This loss specifically refers to the loss of a marital relationship and covers the loss of love, care, and sexual relations.
- Loss of love and companionship: This includes the loss of care, affection, and companionship the deceased would have provided for their spouse, partner, children, or other close family members.
- Loss of parental guidance: Children of the deceased can claim damages for the loss of guidance, education, and nurturing the deceased parent would have provided.
Punitive Damages
For accidents that resulted in a fatality that was particularly heinous in nature, incidents where the negligent party acted with reckless abandon or to cause intentional harm, the surviving family may be able to seek punitive damages. Punitive damages are meant to punish and deter similar behavior in the future.
Indiana has a cap of $50,000 for punitive damages. If awarded, 75% will go to the Violent Crime Victim’s Compensation Fund, and 25% will go to the plaintiff. Punitive damages aren’t automatic and require a much higher burden of proof. Your wrongful death lawyer will determine if your case is eligible.
How Yosha Law Can Help
Our Elkhart wrongful death lawyers have the experience to prepare the strongest case on behalf of your loved one who was taken away by a careless act. When you’re mourning the loss of a spouse, partner, parent, sibling, or child, seeking justice for them could seem like an energy-draining task. While you take care of your family during this difficult time, let our experienced team of attorneys fight for your right to justice and compensation.
- Accident investigation: Our team will research and investigate the accident, determine its root cause, and assess liability. The surviving family will have the burden of proving negligence, and our experienced wrongful death attorneys can help to build the strongest case.
- Gathering evidence: Proving negligence and damages can be accomplished by gathering evidence. We’ll help gather every bit of evidence to support your claims. From medical bills to loss of future income, our team will ensure a strong case and positive outcome.
- Eyewitness interviews: Whether they be people who witnessed the accident, accident reconstruction specialists, or financial analysts, we’ll obtain sworn testimony to strengthen your case further.
- Compassionate service: While you’re mourning your loss, we will provide you with real-time updates on your case. Should you have any questions or concerns, we are available to assist you.
Speak With an Elkhart Wrongful Death Lawyer Today
The tragic loss of a loved one due to negligence can be a nightmare. Insurance companies may be quick to offer lowball settlements, or they may completely deny any liability at all. To ensure that justice is served, contact one of our wrongful death attorneys, who will fight to right the wrong that your loved one didn’t deserve.
Contact a local Elkhart Yosha Law wrongful death lawyer today. We can help honor your loved one by pursuing accountability, justice, and compensation.
