With a quality school system, a low crime rate, and a supportive business climate, Brownsburg regularly makes lists of the best places to live in the U.S. Unfortunately, even nice places have hazards such as distracted drivers or dangerous building features that can result in someone becoming fatally injured. If you have lost a loved one in an accident, a Brownsburg wrongful death lawyer can help you understand the process of obtaining compensation for the expenses and psychological impacts of your loss.
What Is Wrongful Death in Indiana?
Indiana’s statutes refer to wrongful death as a death that results from the wrongful act or omission of another. While a death caused by an intentional act, such as assault, is one type of wrongful death, other types include:
- Fatal car accidents resulting from a negligent driver
- Deaths caused by unsafe property features, such as broken staircases, that the property owner was aware of but failed to repair or warn guests about
- Products, foods, or medicines that pose a dangerous defect that causes the death of a consumer
- The error of a physician or other health care provider that causes a patient to suffer fatal injuries or illness
For a free legal consultation with a wrongful death lawyer serving Brownsburg, call (815) WADE-LAW
Filing a Wrongful Death Lawsuit in Brownsburg
When a wrongful death occurs in Brownsburg, the family members of the deceased can seek compensation for the financial and emotional losses they have suffered as a result of the death through a wrongful death lawsuit. This is a legal claim filed in civil court that seeks to answer these two questions:
- Who was liable for the accident that caused the injury?
- What expenses and psychological impacts did the claimant suffer as a result of the injury?
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Who Can File a Brownsburg Wrongful Death Claim?
In Indiana, who can file a wrongful death claim depends on the age and marital status of the decedent.
Child Decedents
In Indiana, wrongful death claims involving a deceased child can be filed by one or both of the child’s parents. If the parents are divorced, the claim must be filed by the parent who had physical custody of the child. If the parents are deceased, then the child’s legal guardian is permitted to file the claim.
It should be noted that in Indiana, for the purpose of determining who is eligible to file the claim, the term “child” refers to:
- An unmarried person with no dependents, who is under the age of 20 and lives in the family home
- A person who is under the age of 23, unmarried with no dependents, and enrolled full-time in college or a technical school.
- A viable fetus, which is one that is far enough along in its development that it could survive outside of the womb.
Adult Decedents
In Indiana, wrongful death claims involving adult decedents must be filed by a personal representative of the estate on behalf of the estate and the family. A personal representative is often the individual who was named in executor of the deceased’s will or appointed as administrator of the estate.
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The Statute of Limitations on Brownsburg Wrongful Death Claims
In Indiana, the statute of limitations on wrongful death claims is two years from the date on which the death occurred. This applies to both child and adult decedent claims. What this means is that, if the claim is not filed within two years of the date of the deceased death, the claimant loses the right to seek compensation on the claim through the courts.
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You Could Obtain Compensation with the Help of a Wrongful Death Attorney in Brownsburg
Similarly to determining who can file the claim, the type of compensation you can receive through a Brownsburg wrongful death lawsuit depends on whether the decedent was an adult or a child and what their marital status was.
Child Decedent
Beneficiaries of a wrongful death claim involving a child decedent can seek compensation for financial and psychological losses such as:
- The child’s love and companionship
- Household services that the child performed
- Expenses relating to the child’s final medical treatment
- Administration of the child’s estate
- Reasonable costs associated with the emotional pain and suffering experienced by the child’s parents and siblings
An Unmarried Adult Decedent with No Dependents
The losses that can be recovered by the estate include:
- Expenses related to the funeral, and burial or cremation
- Costs involved in the treatment of the deceased’s final injuries or illness
- Loss of the deceased person’s love and companionship, up to $300,000
An Adult Decedent Who Is Married and/ or Has Dependents
The estate will recover losses such as medical, funeral, and burial expenses, while the deceased’s spouse, children, and other dependents can obtain compensation for losses such as:
- The deceased’s future earnings and benefits
- Support and services that the deceased provided to family members
- Love, guidance, affection, training, and care
Do You Need a Wrongful Death Lawyer in Brownsburg?
While having a Brownburg wrongful death lawyer is not required to file a claim, the experience that one can provide is absolutely crucial to the success of the claim. An experienced Brownburg wrongful death attorney can provide services to assist you with your claim, such as:
- Determining liability and insurance resources that can be used to compensate you
- Establishing a value to your claim
- Negotiating a settlement with the at-fault party’s insurer
- Filing your lawsuit in court within the statute of limitations
- Presenting your claim in court
- Assisting you with collecting your settlement or award
Our legal team uses a convenient contingent-fee billing method. What this means is that you can wait to pay for our services until there has been a positive resolution to your claim, and we can begin working on your case right away, without any upfront investment from you.
Wade Law Can Help You with Your Brownsburg Wrongful Death Claim
There is no amount of money that can replace a loved one. However, the compensation provided through a wrongful death claim can help your family as they move forward following the loss. Let us fight with you for the compensation that you and your family need. For a free consultation without our Brownsburg wrongful death attorney, contact us.
Call or text (815) WADE-LAW or complete a Free Case Evaluation form
