The loss of a loved one is always a painful experience. However, when they’re taken from us far too soon by a negligent act, it can add an entirely different realm of emotions. Many Westfield, Indiana, residents don’t know what to do to ensure that justice is served following a fatal accident. How will the family’s expenses and bills be paid? A wrongful death lawyer can help to hold those responsible for your loved one’s death.
Book a Free Consultation with Our Expert Wrongful Death Attorneys to Discuss Your Legal Options
Wrongful death cases go through the civil courts and are similar to personal injury lawsuits, except that the family or estate of the deceased files them on their behalf. Following the death of a loved one who was wrongfully taken due to a careless act, families should speak with a wrongful death attorney.
A local Westfield attorney can help you seek justice and compensation. One of our compassionate wrongful death lawyers will evaluate your case, determine who was at fault, calculate what damages you can recover, and initiate the case against the responsible party or parties involved.
A Westfield Wrongful Death Attorney Will Work to Achieve Justice for You
Indiana defines wrongful death as a fatality caused by carelessness, recklessness, or intentional harm. In layperson’s terms, this means that any death that could have been prevented if a party or parties had afforded them the care of duty that they deserved, the accident that caused their death wouldn’t have occurred.
So, what is a wrongful death lawsuit? A wrongful death lawsuit will hold those responsible liable for the fatality. A fatal accident could be the result of:
- Medical malpractice
- Pedestrian accidents
- Dog attacks
- Motor vehicle collisions
- Slip and fall accidents
- Dangerous or malfunctioning products
- Property negligence
- Traumatic brain injuries
A Westfield wrongful death lawyer will investigate the accident, determine its cause, and help to prove negligence in court.
We’ll Help You Understand If Your Case Qualifies as a Wrongful Death Claim
The wrongful death laws in Indiana have some particularities regarding the type of accident and your relationship with the deceased. Indiana allows a deceased’s spouse, parents, non-dependant children, or estate to seek the recovery of damages in a wrongful death lawsuit.
Your Westfield personal injury lawyer will explain who has the legal right to seek compensation and under which laws, ensuring you understand your rights and the steps involved in pursuing a wrongful death claim.
We’ll Help You Identify Who Is Responsible for Your Wrongful Death Claim
On-the-job accidents do happen. Determining who is liable can sometimes be difficult when they result in a fatality. Many times, multiple parties could be at fault. The loved ones of a workplace fatality shouldn’t have to shoulder the costs alone. However, employers may be quick to shrug off their liability and deny claims. Without the power of a wrongful death lawyer, you could be left high and dry.
Perhaps your loved one received negligent care in a hospital or was struck by a careless truck driver. Your wrongful death attorney will investigate the incident and determine who was at fault. Don’t go up against powerful insurance companies alone.
We Will Take Immediate Action on Your Claim to Comply with Indiana’s Legal Time Requirements
In Indiana, there is a window of time you have to file a wrongful death lawsuit. Indiana Code Title 34 Civil Law and Procedure § 34-11-2-4 states that families of the deceased must file their claim within two years of the date of their loved one’s passing. Filing a claim after this time will most likely result in the lawsuit being dismissed. This highlights the importance of speaking to a wrongful death attorney as quickly as possible to avoid your lawsuit being dismissed.
We Will Help You Recover Full Damages in Your Wrongful Death Case
Following the death of your loved one, you may be entitled to compensation for different types of economic and non-economic damages. Your wrongful death attorney will take the steps to ensure that the family recovers all recoverable damages. It could include loss of wages, compensation for medical, burial, and funeral expenses, and compensation for the pain and suffering both your loved one and your family have endured.
General Wrongful Death
The family of the loved one shouldn’t be left responsible for the medical expenses the deceased received. The spouse or children of the deceased can seek compensation for these costs. They can also recover any expenses incurred for burial, funeral, and memorial services. The spouse or dependant children of the deceased can also seek lost wages and benefits.
It’s far too common that the deceased was the main source of the family’s income. Your wrongful death attorney will calculate what your loved one’s lifetime earnings potential is, including expected raises and promotions, and will seek to recover every dime.
Medical Malpractice
Medical errors and negligence that have caused a fatality fall under the umbrella of a wrongful death. These mistakes can include delayed diagnosis, surgical errors, improper dispensing of medication, and many other scenarios. The Medical Malpractice Act of Indiana caps recoverable damages at $1,800,000.
Adult Wrongful Death
The representatives of the deceased’s estate can seek to recover expenses for funeral and burial services, medical costs, and the loss of love and companionship by the spouse and children of the deceased. Indiana law caps cumulative damages for a collective loss of love and companionship at $300,000 if the accident wasn’t caused by medical malpractice. Your wrongful death attorney will seek to recover all damages to ensure you receive everything you’re entitled to.
Child Wrongful Death
No family should have to endure the death of a child brought about by negligence or intentional harm. Indiana’s Child Wrongful Death Act allows the child’s parents or guardians to seek compensation that is unique to the loss of a child. If the child was under 20 years of age or under 23 years old and went to university, college, or technical school, the law does not impose any caps on compensation. Damages for the loss of a child can include medical expenses, burial costs, and the loss of a child’s love, care, and affection.
Why Choose Us as Your Wrongful Death Attorneys in Westfield?
No family should have to face the experience of recovering from the loss of a loved one due to negligence. However, a part of the healing process is obtaining a sense of closure. This can be achieved by seeking justice and accountability for those who acted recklessly. Schedule an appointment to speak with one of our compassionate lawyers to begin the process of healing and closure.
Even in Grief, You Deserve Justice: Contact Us for a Free Consultation
Processing the overwhelming feelings of grief, anger, and sadness can be exhausting. The last thing on your mind is taking legal action against the responsible party or parties. While you go through your own personal process of coming to grips with this tragedy, our compassionate team can take steps to ensure that justice is served. No matter who was at fault—a doctor, a truck driver, or a negligent employer—they must be held accountable.
While you are grieving, our skilled lawyers will put in the time and effort to understand what went wrong, determine who is responsible, and start the process of seeking accountability and compensation for your loss.
Indiana Wrongful Death Lawsuit FAQS
Who Can File a Wrongful Death Lawsuit in Indiana?
Wrongful death lawsuits can be pretty complex, so it’s best to consult with a wrongful death attorney to see what your best options are. Typically, a representative is chosen rather than having multiple family members file the lawsuit. They can be the deceased’s spouse, adult child, or parent.
Does Indiana Have a Cap on Wrongful Death Cases?
The short answer is yes, but since each case is unique, your wrongful death lawyer will determine the best way to proceed. In general, Indiana’s caps on wrongful death lawsuits are:
- The cap on damages in Indiana is 1.8 million dollars for a fatality due to medical malpractice.
- The maximum compensation for wrongful death caused by a government entity is limited to $700,000.
- For the wrongful death of an unmarried adult with no dependents, the cap on compensation for lost love and companionship is $300,000.
