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 lawsuit.

The wrongful death claim must be filed within two years of the date of the victim’s death per Indiana’s statute of limitations.

If your family has experienced losing a loved one due to wrongful death, you need a law firm 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.

Wrongful death cases are complicated, and family members should not try to bring them on their own. Instead, reach out to an experienced attorney who can advise you of your rights and build your case in an appropriate manner.

Wrongful death lawsuits have several key differences from criminal trials for murder or manslaughter.

Consider the following:

1. The prosecutor brings a criminal prosecution. Conversely, surviving family members bring a civil lawsuit in civil court.
2. A criminal case has a higher burden of proof—guilt beyond a reasonable doubt. In a wrongful death lawsuit, the burden of proof is preponderance of the evidence, meaning it is more likely than not that the defendant is responsible for your loved one’s death.
3. A defendant convicted of a crime can go to jail, serve time on probation, and will have a criminal record. In a wrongful death lawsuit, a defendant will only pay money to the family members.
4. Some conduct doesn’t rise to the level of a criminal offense. For example, ordinary negligence probably cannot sustain a manslaughter charge. However, a defendant can still be sued for wrongful death.