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 Plainfield from Wade Law about your situation.
Understanding Indiana Wrongful Death Claims
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. In Indiana, state legislation defines which circumstances constitute a wrongful death as well as who is eligible to get monetary damages if a wrongful death claim is proven.
Some of the damages you can receive compensation for are:
- Reasonable medical, hospital, funeral, and burial expenses
- Lost earnings or expected future income of the deceased person
- Loss of love and companionship
In the unfortunate case where the lost loved one was a child, further damages may be awarded, including:
- Health care and hospitalization necessitated by the wrongful act that caused the child’s death
- Uninsured debts of the child for which a parent is obligated
- The reasonable expense of psychiatric and psychological counseling incurred by a surviving parent or minor sibling of the child because of the death of the child.
For a free legal consultation with a wrongful death lawyer serving Plainfield, call (815) WADE-LAW
Car Accidents Often Lead to a Wrongful Death Claim
In Indiana, the most common wrongful death suits are brought by the families of those killed in car accidents. Some cases involve reckless conduct, such as drunk driving or reckless driving. Others extend to manufacturers or corporations if tire or vehicle malfunctions played a role in an accident, or if a commercial driver violated certain legal guidelines.
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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 and action had he or she…lived.”
A Plainfield wrongful death attorney can help you recover damages including “reasonable medical, hospital, funeral and burial expenses and lost earnings of such deceased person 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 Plainfield 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
