Grieving is a necessary step for anyone after the loss of a loved one. The bonds and memories shared between loved ones are precious, and allowing yourself to mourn and honor that loss is important. However, moving forward with your life may feel especially difficult when that loss is the result of someone else’s negligence.
If your loved one passed away due to another’s misconduct, a compassionate attorney could help you file a claim for compensation. While no amount of money could make up for losing your loved one, by working with a Fort Wayne wrongful death lawyer, you could hold the negligent party accountable for their actions.
Examples of Fatal Accidents
Negligence in a wrongful death claim occurs when a party who owes the decedent a duty of care fails to uphold their duty resulting in the individual’s untimely passing. While every case is unique, there are some common causes of wrongful death, including:
- Medical malpractice
- Dangerous medications
- Defective products, and
- Auto accidents
In many cases, careful analysis of the circumstances and knowledge of the law is necessary to prove another party is responsible for the individual’s death. The experience and training of a Fort Wayne attorney cannot be easily dismissed in a wrongful death claim.
Who is Allowed to File a Wrongful Death Claim in Fort Wayne?
In Fort Wayne, only certain family members are allowed to file a wrongful death claim against the party responsible. The decedent’s spouse has the superseding filing rights of a wrongful death claim. However, if there is no surviving spouse, the deceased party’s children or parents may file a claim in the respective order.
Furthermore, if the deceased’s relatives cannot file a claim, the deceased’s estate can file a claim seeking financial damages on their behalf. Understanding who is legally able to file a claim in Fort Wayne may be difficult to ascertain without the assistance of a wrongful death attorney.
Filing Deadline in Fort Wayne
First, it is important to know that there is a time limit on all civil lawsuits, including untimely death claims. Under Indiana Code §34-20-3-1, a wrongful death claim must be filed precisely two years from the date of the decedent’s passing.
This time limit is strictly enforced. Failing to file within this statute of limitations will, in almost every case, result in a forfeiture of recovery rights. As this can be devastating to a family that relied on the decedent for financial support, it is important to contact a local attorney as soon as possible to ensure the wrongful death case is filed in time.
Reach Out to a Fort Wayne Wrongful Death Attorney
The sudden death of a loved one is devastating, and the surviving family members may suffer both emotionally and financially. Fortunately, relief may be available through a wrongful death claim.
A Fort Wayne lawyer could help file a claim on your behalf. Call today to schedule a consultation with our reliable attorneys. We are here to help.