We’ll Seek Justice for You as Your Indianapolis Wrongful Death Attorney

When families suffer the tragic and untimely loss of a loved one, the pain can be unbearable. Many people in Indiana may not know what to do next following a fatal accident. In these situations, your family should ask an Indianapolis wrongful death attorney about filing a wrongful death claim or lawsuit.

If you lose a loved one due to someone else’s negligence, there are both emotional and financial losses. The emotional damages are obvious. Although nothing can bring back your loved one, Indianapolis law allows recovery for the loss of love and affection. From a financial standpoint, a lawsuit can restore the financial security you had before their death.

At Yosha Law, our attorneys can give you the legal guidance you need in this difficult time. We can discuss your case with you as soon as you’re ready.

Schedule a Free Case Evaluation with Our Wrongful Death Attorneys to Understand Your Options

Wrongful death cases are similar to personal injury lawsuits. If the decedent had survived their accident, they would be able to file a personal injury claim. In wrongful death situations, the decedent’s family or estate may file a claim on their behalf. Following the death of a loved one, you should discuss your case with an Indianapolis wrongful death lawyer.

A local attorney could guide your family and help you seek justice for your loved one’s untimely passing. During the free case evaluation, your attorney will analyze your case, establish liability, calculate compensation, walk you through the process, and initiate the claim or lawsuit against the responsible party or parties.

Get Your Free Case Evaluation to Discuss a Wrongful Death Claim with Our Attorneys.

What Is “Wrongful Death?”

Indiana law defines wrongful death as a fatality caused by someone’s negligence, recklessness, or intentional misconduct. A fatal drunk driving accident or medical malpractice can give Indiana families the grounds to seek damages.

So what is a wrongful death lawsuit? A wrongful death lawsuit compensates the family by seeking damages from the persons or parties responsible for their loved one’s death. A fatal accident could occur due to many reasons, including, but not limited to:

• Medical malpractice
• Automobile collisions
• Property negligence
• Animal attacks
• Dangerous products
• Workplace accidents
• Slip and fall accidents
• Truck accidents
• Motorcycle crashes
• Traumatic brain injuries

An Indianapolis wrongful death lawyer can investigate the incident, determine the exact cause, and help prove negligence in court.

Compensation You Can Seek for a Wrongful Death Claim

In a wrongful death case, you can seek specific forms of compensation that are meant to help alleviate your financial burdens related to the death. Some examples of damages you could claim are:

• Relevant medical or hospital expenses
• Funeral and burial expenses
• Lost earnings by the deceased person
• Lost expected future income of the deceased person
• Loss of love and companionship
• Mental anguish

The types of compensation available will vary depending on the circumstances, such as whether the decedent has a spouse, children, or other family members financially dependent on them.

Our attorneys go up against the nation’s biggest insurance companies every day. We recognize the tactics they use to limit the compensation they owe you and your family—and we counter them. We keep fighting until you get a reasonable compensation amount.

If you try to take on the insurance company on your own, without knowing how the process works or how to effectively negotiate to get what you deserve, you could risk losing your chance at any compensation.

Damages You Can Recover in a Child Wrongful Death Claim

Indiana’s Child Wrongful Death Act allows the child’s parents or guardians (not the child’s estate) to seek damages unique to their situation:

• Loss of a child’s love, care, and affection
• Child’s services
• Medical expenses
• Funeral and burial costs
• Uninsured child’s debts
• Reasonable pain and suffering damages (the costs of psychiatric care for the surviving parents and the victim’s minor siblings)
• Loss of household services

The law does not impose caps on these damages as long as the child was under 20 years of age or under 23 years old and went to university, college, technical school, etc. Our wrongful death lawyers can analyze your case in detail and fight to get you the maximum economic and non-economic compensation available under the current laws.

Medical Malpractice and Wrongful Death

A spouse, parent, or the personal representative of the victim’s estate can bring a wrongful death claim for medical errors, fatal surgeries, fatal birth injuries, hospital errors with diagnosis or treatment, etc. The plaintiffs need to know that Indiana law caps the total recoverable damages at $1,800,000 under the Medical Malpractice Act.

We Will Determine If You Have a Wrongful Death Case

Indiana law has some particularities regarding the type of accident leading to the victim’s death and your relationship with the deceased. A deceased individual’s spouse, parents, guardian, nondependent children, or estate representative can seek damages in a wrongful death case. 

We can help you figure out if you have a wrongful death case during a free case evaluation with our attorneys. We’ll go over your situation in detail and let you know how Indiana law applies to your circumstances. If you do have a case, we can also help set realistic expectations for the type of compensation you may be able to get.

Who’s Liable in a Wrongful Death Claim?

Wrongful death cases can arise from several types of fatal accidents, from car crashes to medical malpractice to product liability. However, you can bring a lawful death lawsuit for actions that were intentional, so it can also be based on criminal conduct. Generally, though, wrongful death cases are civil lawsuits.

Since wrongful death cases can come from a variety of incidents, determining liability depends heavily on the circumstances.

Workplace Accidents and Wrongful Death

Accidents on the job happen. Although the tragedy of workplace fatalities may seem rare, wrongful deaths in the workplace can and do occur. The loved ones of a wrongful death victim should never have to shoulder the cost of their loss alone. Employers may be liable for damages in a job site tragedy, and you may be able to file a wrongful death lawsuit.

Medical Malpractice and Wrongful Death

A victim’s family or estate can also file a claim or a lawsuit against a doctor or a hospital in a malpractice case, a drunk driver in a car accident case, a truck driver or the driver’s trucking company in a truck collision etc. Your wrongful death attorney in Indianapolis will evaluate the case thoroughly to ensure all the liable parties are named in the claim or lawsuit.

Car Accidents and Wrongful Death

If your loved one was in a fatal car crash, other drivers involved in the collision might be liable. It could also be a government entity for failing to repair a faulty roadway, which led to the accident. If there was a commercial vehicle involved in the crash, the other driver’s employer might be at fault.

Workplace accidents, medical malpractice, and car accidents are the three most common types of actions that lead to wrongful death cases, but they’re not the only ones you can pursue in Indiana. Our team of dedicated attorneys will investigate, gather evidence, and build a strong case to determine who’s liable.

How Long You Have to File a Wrongful Death Lawsuit in Indiana

Much like other personal injury cases, there is a statute of limitations for a wrongful death case. This means there is a deadline to file a wrongful death claim in Indianapolis. Under Indiana Code Title 34 Civil Law and Procedure § 34-11-2-4, families get two years from the date of death to file a claim for wrongful death. The claim may be denied if the suit is filed after that time. Bringing the case to an Indianapolis wrongful death lawyer as quickly as possible could help avoid delays in nullifying your claim.

The specific damages and amounts you can recover will depend on the details of your case. An Indianapolis car accident attorney from Yosha Law can help you identify and pursue all applicable damages to maximize your compensation.

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Why Choose Us as Your Wrongful Death Attorneys in Indianapolis?

As your family recovers from such a horrible ordeal, there are legal remedies that could help your family move forward. An Indianapolis wrongful death lawyer could help your family through every step of the process. First, whenever you are ready, call to schedule a consultation. Then,  let a compassionate attorney handle the legal elements of your claim while you focus on grieving.

Who Can File a Wrongful Death Lawsuit in Indiana?

Indiana’s wrongful death laws are complex, so if you want to ensure you can initiate a claim or a lawsuit against a defendant, you need to consult with an experienced wrongful death attorney in Indianapolis. In general, the plaintiffs who can file a suit in Indiana for wrongful death include:

• The spouse and dependant children of a deceased adult
• A victim’s surviving dependent who is next of kin
• The parents or non-dependent children of a deceased unmarried adult with no dependents
• A deceased child’s parents or guardians
• A deceased unmarried adult’s personal representative if the adult died without having any next of kin or dependents

Since things are not black and white in most households and estates, the advice and help of an experienced Indiana wrongful death lawyer are crucial in getting a settlement.

Caps on Wrongful Death Claims in Indiana

Yes, Indiana courts use at least three important damage caps you should know and discuss with your attorney:

• The medical malpractice cap associated with a wrongful death is $1.8 million
• The cap for wrongful death caused by a government entity is $700,000
• The cap for compensation for lost love and companionship in the wrongful death case of an unmarried adult with no dependents is $300,000.

Seek Justice Even if You’re Grieving: Schedule a Free Consultation Today

When you mourn the loss of a spouse, a child, or a sibling, the last thing on your mind is fierce and swift legal action. If you want to recover your economic and non-economic losses and hold the people responsible for your loved one’s death accountable, legal action is necessary. Whether doctors, hospitals, trucking companies, careless motorists, or negligent employers, they must make right by you and your family.

Our skilled Indianapolis wrongful death attorneys will put all their knowledge and energy into the negotiation process or court trial. While you take time to get your life back on track and adjust to the tremendous loss you suffered, we will seek the compensation you deserve.

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