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Anderson, IN Wrongful Death Attorney
The passing of a loved one is often very difficult for the deceased person’s immediate family. You have lost a close companion, and you may also have lost a financial provider and caretaker. If a close family member has died needlessly due to the carelessness or negligence of another, you may be able to seek compensation by filing a wrongful death suit. A skilled wrongful death attorney can help you through every step of the process to recover damages that can make your life easier during this difficult time. Our Anderson personal injury attorneys have helped many Indiana families seek compensation to help with the loss of income, funeral expenses, and their future financial security. Do not delay in contacting your attorney after the wrongful death of your loved one.
Contact GDS Law Group, LLP to speak with an experienced Indiana wrongful death attorney about your case and your options moving forward. You can call us at 765-313-7092 or use our online contact form.
Wrongful Death Claims In Indiana
Indiana state law defines a wrongful death as a situation where someone passes away due to the negligent act or omission or intentional behavior of someone else. Simply showing that someone had been the victim of negligence before their death is not enough. Instead, it must be shown that the negligent or reckless actions of another directly resulted in the death of the victim. A skilled wrongful death lawyer will be able to illustrate to the court how the actions of another person or organization killed your loved one. A wrongful death civil suit can be filed for many reasons such as:
- Workplace fatalities
- Medical negligence
- Fatal car accidents
- Serious trucking accidents
- Pedestrian, biking, recreational vehicle, or other motor vehicle accidents
- Wrongful death on the property of another
- Nursing home negligence
- Dangerous and defective products
- Wrongful death as a result of a crime
Who Can File A Wrongful Death Suit
The untimely death of someone close can be a very traumatic experience, and you may be wondering what are your options. Indiana law allows for the representative of the deceased person’s estate to file a claim. While this representative may have had any relationship with the deceased, state law only allows for those with the following relationships to collect compensation in a wrongful death claim:
- The spouse
- The children
- The parents
- Other dependents
If you are awarded damages, the court will have the discretion to decide how to split up the funds between the surviving family members. If the deceased was a child and the parents are divorced, only the parent with legal custody can file a claim. The court can choose to combine multiple separate claims that involve the same wrongful death.
Compensation In Your Wrongful Death Claim
The death of a loved one can be devastating, especially if the person’s passing was unexpected and should have been avoidable. Indiana law has many specifics regarding the compensation that you can seek. It does not allow for survivors to be awarded compensation for grief or emotional suffering after an untimely death. You are allowed to file a wrongful death claim seeking compensation for the following:
- Funeral and burial expenses
- Lost wages and other benefits that you would likely have received if the deceased would have lived
- Reasonable legal fees and other expenses incurred in filing your wrongful death suit
In an effort to make claims for damages fair for all parties, the state of Indiana has enacted various laws that regulate certain types of lawsuits. When it comes to a wrongful death action, certain laws will come into play and cap the damages that you can recover. Given the details of your case, a skilled accidental death lawyer will understand which laws will affect your suit. Wrongful death compensation caps can be:
- $300,000 – The Adult Wrongful Death Act caps damages for unmarried adults who die in an accident that is not medical malpractice.
- $1,250,000 – If you are pursuing a wrongful death action against a medical professional, the Indiana Medical Malpractice Act will cap your possible compensation.
- No Specific Cap – In the death of a child, the Child Wrongful Death Act does not specifically cap damages. This applies to children under 20 years, or 23 years in certain cases where the child is enrolled in an education program.
Survival Actions Alongside a Wrongful Death Claim
Like a wrongful death claim, a survival action is a lawsuit filed by the loved ones of a person who was recently killed. However, survival actions are filed in order to recover compensation that the deceased would have been able to seek for damages that occurred after an accident but before their death. Since they are no longer living, their loved ones can sue on their behalf. These types of lawsuits can be filed alongside a wrongful death claim.
Your wrongful death claim is made to compensate for the losses of those left behind after a person’s death. A survival action on your behalf is considered to be like a personal injury suit that seeks to recover what the deceased could have recovered if not for their untimely death. The estate of your loved one can recover damages for the following from a survival action:
- Pain and suffering sustained before death
- Lost wages after the accident
- Medical bills that have now passed on to the surviving family
- Property losses sustained in the accident
A Wrongful Death Attorney from GDS Law Group, LLP Can Help You
Wrongful death damages are meant to help the close family of a person who dies needlessly due to the negligence of another. It’s important to seek legal counsel as soon as possible if you believe that you may be able to file a wrongful death claim. Indiana’s wrongful death statute of limitations law requires that you file a wrongful death action within two years of the death. This requirement is for all cases, even those in which the death is also the subject of a criminal proceeding.
As wrongful death lawyers with years of experience, we understand how difficult the untimely passing of a loved one can be for a family. GDS Law Group, LLP has helped many families in your situation, and we understand how to help you. To speak with an experienced personal injury lawyer, call us today at 765-313-7092 or contact us via our online form.