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

Indianapolis Wrongful Death Lawyer: Let Us Fight for Your Rights

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.

Fatal Workplace Injury Statistics in 2020

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. You will benefit from free case evaluation as 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.

An Indianapolis Wrongful Death Attorney Will Seek Justice on Your Behalf

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 could investigate the incident, determine the exact cause, and help prove negligence in court.

2020 Fatal Workplace Injuries by Demographic

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. Here are the major causes of action for a wrongful death claim and the types of plaintiffs who can file lawsuits.

In Indiana, a deceased individual’s spouse, parents, guardian, nondependent children, or estate representative can seek damages in a wrongful death case. Your Indianapolis wrongful death lawyer will explain who and under what laws might have a cause of action.

Causes of 2020 Workplace Fatalities

We Will Help You Establish Liability in Your Wrongful Death Claim

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.

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.

2020 Fatalities by Occupation

We Will Move Fast with Your Claim to Respect Indiana’s Statute of Limitations

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 nullifying your claim.

We Will Help You Get the Recoverable Damages in Your Wrongful Death Lawsuit

Following the death of a loved one, the decedent’s family or estate may be entitled to recover compensation for damages. This could include compensation for expenses, lost wages, and damages incurred following the untimely death.

General Wrongful Death

Medical treatment was provided before the victim died, and the family should not be saddled with that debt. Therefore, the spouse and children could seed compensation for the medical expenses incurred by the family or victim while recovering. Moreover, they could also recover funeral and burial expenses. Under Indiana law, only the deceased’s spouse, dependent children, or dependent next of kin can seek compensation for lost wages.

The victim’s wages often support the family, and a lawyer will calculate their earning potential when filing suit. If the family expected to see that money, including raises and promotions, they might petition for every dollar the victim should have made until their retirement.

Probate fees and administrative expenses are also available when filing a suit for wrongful death. The family may also recover damages for emotional trauma and seek loss of moral support, household services, companionship, and other noneconomic damages.

Medical Malpractice

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.

Adult Wrongful Death

The estate representatives of the deceased can file a compensation claim or lawsuit for medical expenses, funeral and burial expenses, loss of companionship/love (suffered by the victim’s non-dependent parents or children), some administrative and probate expenses, attorney fees, etc. Generally, loss of future wages is not compensable under this law, but your wrongful death attorney in Indianapolis will evaluate your situation thoroughly. The cumulative damages for a collective loss of love and companionship are capped at $300,000 if the victim was an unmarried adult who died in an accident that was not medical malpractice.

Child Wrongful Death

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. Your wrongful death lawyer in Indianapolis will analyze your case in detail and fight to get you the maximum economic and non-economic compensation available under the current laws.

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.

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

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

Here is where we come in. 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.

Wrongful Death In Indianapolis: FAQs

How long do you have to file a wrongful death lawsuit in Indiana?

Just like other personal injury cases, wrongful death has a two-year statute of limitations in Indiana. In medical malpractice cases, the two years start from the date of the alleged negligent medical act causing the death.

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.

Is there a cap on wrongful death 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.

GET A FREE CASE EVALUATION

*Available 24/7 & Obligation-Free