The unexpected death of a loved one is a devastating event that no one can be truly prepared for. The emotional toll of such a tragedy can be much harder to bear when another person or entity is to blame for your loss.
Money will never replace your loved one; however, a wrongful death lawsuit can allow the family to fight for justice on behalf of their loved one by holding the responsible party accountable. Talk with a wrongful death lawyer in Avon from Wade Law about your situation.
Types of Incidents That May Qualify As Wrongful Death
Any incident that would qualify for a personal injury lawsuit could qualify for a wrongful death claim. All it takes is someone’s wrongful act or omission to kill an innocent. If this is your situation, you may be able to make a claim.
The kinds of incidents that lead to wrongful death cases we’ve seen in our offices include, but aren’t limited to:
- Vehicle fatalities
- Medical malpractice
- Defective products and drugs
- Violent criminal acts that caused a death
- Fatal premises liability incidents, such as unguarded pools
- Fatal workplace accidents
The wrongful death lawyers in Avon at Wade Law Firm can help you determine whether you have a case for a wrongful death lawsuit. All it takes is one confidential and free call and a bit of your time to tell your story.
For a free legal consultation with a wrongful death lawyer serving Avon, call (815) WADE-LAW
How Can I File a Wrongful Death Lawsuit?
In Indiana, the personal representative for the decedent’s estate is the person who files a wrongful death lawsuit. The personal representative must file the wrongful death lawsuit within two years from the date of death. Usually, this is a family member.
One exception is in the death of a minor child. In this case, the parents or legal guardians with custody are permitted to file a lawsuit on behalf of their child. The parents must have custody; a parent without it cannot file.
If the decedent died without naming a personal representative, you may wish to speak with a probate lawyer first to get one declared, then work with that representative to file a wrongful death claim. If you’re willing to be responsible, you could take on that position if you qualify.
Avon Wrongful Death Lawyer Near Me 765-563-9233
What Types of Damages Are Available in a Wrongful Death Lawsuit?
Indiana’s general wrongful death act is found at Ind. Code 34-23-1-1. This statute provides in relevant part that “When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefore against the latter, if the former might have maintained an action had he or she…lived.”
An Avon wrongful death attorney can help you recover damages including “reasonable medical, hospital, funeral and burial expenses and lost earnings of such deceased persons resulting from said wrongful act or omission.” Ind. Code 34-23-1-1. In addition to the specific damages provided under the statute, Indian courts have held that the surviving spouse, dependent children, and dependent next of kin may recover for the loss of love and affection of the decedent.
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Is There a Time Limit for Filing a Wrongful Death Case?
The general statute of limitations for filing a wrongful death lawsuit in Indiana is two years. However, depending on whether the death resulted from medical malpractice, a defective product, or some other cause, the time might be calculated from the date of the act which led to the death or the date of the death itself.
This is one reason families need to contact an experienced Indiana wrongful death lawyer as soon as they suspect their loved one passed away under circumstances that include negligent, reckless, or intentional acts.
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Let Us Help You in This Time of Great Need
We extend our deepest sympathies to you for your loss. The Avon wrongful death attorneys at Wade Law will fight to win compensation to help support the decedent’s surviving dependents. For a free and confidential consultation, call today or contact us online.
Call or text (815) WADE-LAW or complete a Free Case Evaluation form