Who Can File a Wrongful Death Claim in Indiana?
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May 29, 2023
Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
Highly experienced Terre Haute & Indianapolis Wrongful Death Lawyers. Three generations of expertise.
Highly experienced Terre Haute & Indianapolis Wrongful Death Lawyers. Three generations of expertise.
One of the most challenging situations any family can face is the death of a loved one. However, when another person’s negligence has caused that death, the situation can almost seem unbearable. To make matters even worse, the deceased may have been the primary breadwinner for the family, and the sudden loss of income coupled with unexpected expenses can quickly throw a family into financial hardship.
If you feel you have grounds for a wrongful death lawsuit in Terre Haute, you must contact a knowledgeable attorney as soon as possible. Indiana has a strict statute of limitations when filing a wrongful death claim. The experienced attorneys of McGlone Law can assist you by providing a free case evaluation and explaining your legal options.
A family may be able to recover what is known as economic and non-economic damages, also referred to as compensatory damages, in a lawsuit. However, the final amount will depend on the facts and circumstances surrounding the case.
Unlike other states, Indiana law does not permit families to seek punitive damages for the wrongful death of a loved one.
Out-of-pocket expenses you have because of the accident. These include: funeral and burial expenses (within reason), medical expenses that the deceased incurred due to the fatal injury, and lost wages.
Intangible losses that don’t have a fixed dollar amount and are subjective. These include: emotional distress, loss of companionship, and loss of guidance.
If your family has experienced losing a loved one due to wrongful death, you need a law firm in Terre Haute that is not afraid to stand up for your legal rights. An insurance company often tries to lessen liability by blaming the victim for the accident. This is often true when product liability has played a factor in the victim’s death.
At McGlone Law our wrongful death lawyers are familiar with insurers’ tactics to avoid paying claims. Our legal team in Terre Haute, Indiana, will fight to ensure that your family receives justice and satisfaction, knowing the responsible party is held liable for their actions.
Wrongful death occurs when one person causes the death of another because of their actions that were negligent in some way. Whether your loved one died in a car accident caused by someone else or a malfunctioning product took his or her life, you have a wrongful death case as long as the death was a situation where someone else’s actions or lack of action caused the death.
In Indiana, who can file a wrongful death claim depends on the age of the deceased. For a minor, the parents or legal guardian file the claim. For an adult, the personal representative of the estate files the claim, whether that be a parent, spouse, adult sibling or other close friend or family member of the deceased. Because of this, the estate’s representative must be comfortable filing a lawsuit if needed.
You need to be close to the person with a strong legal relationship. In general, a spouse or child has the first option to sue. But if the person was unmarried without children, then a parent or sibling is next in line. Barring any of those people being available, the next of kin, according to the law, has the right to bring a wrongful death lawsuit.
The statute of limitations for wrongful death is 2 years in Indiana. However, we recommend talking to an attorney as soon as possible because it is important to gather evidence and records right away.
You can recover two types of damages in a wrongful death case. Economic Damages are out-of-pocket expenses you have because of the loss of a loved one due to an accident. These damages include funeral and burial expenses (within reason), medical expenses that the deceased incurred due to the fatal injury, and lost wages. The other type are non-economic damages, which are intangible losses that don’t have a fixed dollar amount and are subjective. These losses include emotional distress, loss of companionship, and loss of guidance.
How long do I have to file a car accident claim in Indiana?
Wrongful Death compensation is often difficult to calculate. If the deceased is a child, this means that they are either under the age of 20 and without dependents, are under the age of 23 without dependents but enrolled in college, career training, or other applicable endeavors, or is a fetus who has reached a viability age. If the deceased falls in this category, losses that can typically be recovered are medical costs, funeral expenses, reasonable therapy costs, and more.
If the deceased is an adult without independents, the standard damages that relatives can recover would be for funeral or burial expenses, medical costs, and loss of the person’s companionship, with a general cap of $300,000.
Married adults or adults with dependents can typically recover damages for medical and funeral costs, loss of companionship and guidance or training from the parent, loss of future earnings that the deceased’s family will no longer have, loss of the value of services, and loss of love and companionship.
Every wrongful death case is different, so there is no average timeline on how long a case takes to resolve. The timeline will depend on many factors, including the circumstances of the death and the evidence for cause of death and fault.
A wrongful death claim for an adult, the personal representative of the estate files the claim, whether that be a parent, spouse, adult sibling or other close friend or family member of the deceased. Because of this, the estate’s representative must be comfortable filing a lawsuit if needed.
You need to be close to the person with a strong legal relationship. In general, a spouse or child has the first option to sue. But if the person was unmarried without children, then a parent or sibling is next in line. Barring any of those people being available, the next of kin, according to the law, has the right to bring a lawsuit.
Generally speaking, clients with an experienced attorney as their advocate can expect to obtain several times what they can recover independently. Let us advocate for you and your family during this trying time and allow you to focus on what matters. We are a dedicated and determined team who will work tirelessly for you and your family.
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