No one should ever have to endure the unimaginable pain and anguish of losing a family member or loved one because of another person’s careless or reckless actions.
When negligence robs you of your loved one, the emotional aftermath can be unthinkable. No amount of compensation could ever make up for such a profound loss. Pursuing a wrongful death lawsuit may be able to provide you with a sense of justice and accountability. A wrongful death lawsuit can also help you cover the costs associated with emergency medical treatment, end-of-life care, final arrangements, and the financial reality of lost wages.
If you have lost a loved one in an accident, a Lake County wrongful death lawyer can alleviate your financial burdens and help you get justice.
What is a Wrongful Death Lawsuit?
Wrongful death lawsuits are filed by the personal representative of a deceased person. The defendant(s) can be any individual, group, or entity that acted negligently, or failed to act appropriately, and caused someone’s untimely death.
A wrongful death lawsuit has many things in common with a personal injury lawsuit.
Overlapping aspects of personal injury and wrongful death cases include:
- Both types of lawsuits are based on the premise that someone else’s negligent actions or failure to act reasonably caused harm, whether it resulted in death (wrongful death) or injury (personal injury).
- The goal of both kinds of lawsuits is to recover compensatory damages to make the plaintiff “whole” again financially. This can include economic damages like medical bills, lost wages, and funeral expenses as well as non-economic damages for pain, suffering, and loss of enjoyment of life.
- Plaintiffs in wrongful death and personal injury lawsuits must fulfill the burden of proof that negligence caused the plaintiff’s suffering.
- There are strict statutes of limitations for filing both wrongful death and personal injury claims, which vary by state.
- Often, the defendant’s insurance policy covers damages awarded in successful wrongful death or personal injury cases.
- Expert Testimony: Both types of lawsuits may require expert witnesses to establish negligence, causation, damages, and other key elements of the claim.
How to File a Wrongful Death Claim in Lake County
To file a wrongful death lawsuit in Lake County, your first step will be to speak with an attorney who understands Indiana’s wrongful death laws and has experience with the Lake County courts.
Yosha Law Firm provides a free case review to anyone who has lost a loved one in an accident and needs to know if they should file a wrongful death lawsuit. We will review your case, learn about your loved one and what caused their death, and help you determine if a wrongful death case is the right next step to take.
Understanding the stages in a wrongful death lawsuit
Every wrongful death case is unique, and any wrongful death attorney in Lake County should treat you and your family as unique individuals who deserve time, attention, and support during this difficult time.
It is difficult for us to tell you exactly how any case will proceed, but here is a basic overview of the process.
Case Evaluation
This initial consultation meeting can include you, as the personal representative of the deceased, as well as your trusted loved ones who are supporting you.
In this meeting, your attorney will:
- Learn about the case
- Review the circumstances of your loved one’s death
- Evaluate the potential liability of the responsible party or parties
- Assess the viability of a wrongful death claim against the at-fault parties
Retain the Wrongful Death Lawyer’s Services
If you choose to move forward with your lawsuit and choose the attorney from your consultation, your next step is to sign a contract that outlines several things, including:
- Their services
- Their communication policies
- Their fees
- The structure of any payouts
For example, at Yosha Law Firm, our contract explains that you will only be charged attorney’s fees if we win your case and you collect a settlement or court award.
Investigation
During this important stage, your attorney will thoroughly investigate the accident that caused your loved one’s death. This phase will involve:
- Interviewing eyewitnesses
- Accessing video surveillance footage and still pictures of the accident
- Reviewing medical records
- Examining police reports
- Speaking with expert witnesses
During this phase, we will do everything we need to do to find out what happened and who was responsible.
Identification of Defendants
In some cases, a single individual’s negligence can cause a person’s death. Other times, a wrongful death is caused by a group of people, an organization, or an entity.
Some examples of wrongful deaths caused by multiple defendants include:
- A food producer knowingly sells contaminated products, leading to a nationwide outbreak of foodborne illness, which causes your loved one’s death
- A ride-sharing service that fails to conduct proper background checks on drivers, which enables an unsafe driver to give your loved one a ride
- A for-profit nursing home chain chooses to understaff its facilities, and your loved one doesn’t receive immediate care after an unsupervised fall
- A surgery team makes a series of preventable mistakes that cause the death of their patient
- A city fails to properly warn drivers of hazardous road conditions, causing a multiple-car collision
- A university chooses to ignore a history of hazing in a fraternity or sorority, which leads to the death of a student
A wrongful death attorney can identify all of the responsible parties who played a part in your loved one’s death. This maximizes your chances of holding everyone accountable and receiving compensation to soften your financial losses.
Documenting Damages
Together with your attorney, you will calculate the total value of damages incurred because of your loved one’s untimely death. This may include:
- Medical expenses
- End-of-life care expenses
- Funeral costs
- Loss of income
- Loss of companionship
- Pain and suffering
Your lawyer will be able to calculate these losses to determine how much compensation you should negotiate for.
Negotiation, Part 1
Like personal injury lawsuits, wrongful death cases don’t go all the way to court. Rather, they are often resolved through the negotiation process.
Your attorney will negotiate with the defendant’s lawyers and/or insurance company to try to settle the case instead of pursuing a jury or bench trial. Ideally, you will be offered a large enough settlement to feel that justice has been served.
However, your Lake County attorney can help you determine if any offer you receive at this stage is sufficient – or if you should seek additional compensation by filing a formal lawsuit.
Filing a Wrongful Death Lawsuit
In cases where negotiations fail, it’s time to file a lawsuit. Your complaint will explain:
- The legal claims you are making
- The damages you are seeking
- The basis for holding the defendant(s) liable for the wrongful death of your loved one
Your attorney will know exactly where and how to file the lawsuit, but typically, wrongful death lawsuits are filed in the court of the county where the death occurred.
Discovery Phase
During the discovery phase of a lawsuit, attorneys for all parties exchange information and evidence. Unfortunately, this phase often takes many months, and sometimes even years to complete.
Negotiation, Part 2
During the entire process, there are always more opportunities to negotiate for a settlement. If representatives for the defendant(s) come forward to negotiate, your attorney will enter those conversations again, with one goal: obtain the largest settlement possible for their client.
Trial
When negotiations are still unsuccessful, your case will go to trial. Check out our post on the Yosha Law Firm Blog which gives an overview of the stages of a personal injury trial. Your case will likely follow those same steps.
Resolution & Compensation
The trial will end when the judge or jury announces a verdict on the liability of the defendant(s). If your lawyer wins your case for you and the trial ends in your favor, you will receive compensation in the form of a court award.
You will pay your attorney their fees out of that total, and the remainder will be used to compensate for your unimaginable loss. The compensation will never replace your lost loved one, but we hope it will help you feel that justice has been served.
If multiple parties are going to be sharing the settlement or court award, the funds will likely be divided by a probate court.
Lake County Wrongful Death FAQ
What are some common causes of wrongful death lawsuits in Lake County?
- Surgical or hospital malpractice
- Nursing home abuse and neglect
- Slip-and-falls
- Occupational hazards
- Dog attacks
- Bike accidents
- Motorcycle accidents
- Rideshare accidents
- Semi-truck accidents
- Car accidents
What is the statute of limitations for a wrongful death lawsuit in Indiana?
One of the biggest differences between personal injury lawsuits and wrongful death lawsuits is the statute of limitations. Although both kinds of lawsuits have a statute of limitations of two years, the clock starts at a different time for each one.
Personal injury lawsuits must be filed within two years of the date of the accident.
Wrongful death lawsuits must be filed within two years of the date of the victim’s death. This is because people may live for days, weeks, months, or even years after an accident but still suffer a wrongful death due to their injuries.
Who has the right to sue for damages after a wrongful death?
After an adult’s wrongful death, the only person who can sue for damages is the personal representative of the decedent’s estate. The award is typically distributed to the decedent’s heirs, according to the will. If there was no will, Indiana inheritance laws will be followed.
After a child’s death, Indiana allows the following parties to file a wrongful death lawsuit:
- One or both biological parents
- One or both custodial parents
- One or more legal guardians
A child is defined as a person under the age of 20, or under the age of 23 if they are enrolled in college, a university, or a trade school at the time of their death.
At Yosha Law Firm, Our Lake County Wrongful Death Lawyers Are Here to Fight for You
Grappling with the tragic loss of a loved one is overwhelming and often unbearable. At Yosha Law Firm, we can help you get the justice you deserve.
Our Lake County wrongful death attorneys understand that you need to be treated with respect, empathy, and dignity as you navigate the legal aftermath of your loved one’s death. Reach out to our team today to set up a free case review. We are here to listen and to fight for your rights.
