Fort Wayne Wrongful Death Attorneys

No one is ever ready for the untimely death of a loved one, but it does happen. The situation could be even more tragic and heartbreaking if you lost your loved one due to another person or entity’s negligent or intentional actions. While pursuing compensation through a wrongful death claim from the party that caused your loved one’s untimely demise cannot possibly bring back your loved one, it can help you and your family with your finances and hold the negligent party liable for your losses.

What Exactly is a Wrongful Death in Indiana?

A wrongful death in Indiana is defined as a death resulting from another individual or entity’s omission or wrongful act. Wrongful death claims can be based on various types of incidents, such as:

Car accidents, truck accidents, motorcycle crashes, bicycle accidents, train collisions, bus accidents, and other motor vehicle crashes, among others
Pedestrian accidents
Slip and fall accidents
Workplace accidents
Defective products
Medical malpractice
Intentional acts, such as crimes

Essentially, it’s a personal injury claim that someone else must file on behalf of the deceased person.

If the decedent is an adult, only the executor or personal representative of the decedent’s estate can file the wrongful death claim. If the decedent is a child, one or both parents of the child must file the claim. If the decedent child’s parents are divorced, the parent with legal child custody must file the claim. In case both parents are dead or have terminated their parental rights, the legal guardian of the decedent child must file the claim.

What Compensation Can I Recover in an Indiana Wrongful Death Claim?

If you win your wrongful death claim against the party at fault for your loved one’s death, you will receive compensation for damages or losses. Indiana has specific guidelines on the damages you may receive in a wrongful death claim.

If the deceased has surviving dependents or was married, damages may include:

Hospital and medical bills
Burial and funeral costs
The decedent’s lost future earnings
Loss of guidance, care, love, training, and affection

If the deceased was a child, damages may include:

Loss of love and companionship
Loss of services
Expenses associated with the decedent’s medical bills, outstanding debts, and estate administration, including reasonable legal fees
Expenses for counseling siblings or parents struggling with the child’s death

For a decedent who was unmarried and doesn’t have surviving dependents, damages may include:

Burial and funeral expenses
All medical-related expenses
Lost companionship and love, up to $300,000

Get In Touch With an Experienced Indiana Wrongful Death Attorney

You must act quickly and file a wrongful death claim within two years of your loved one’s death. If you fail to take legal action before the two-year time limit, the court will refuse to hear your case, and you will lose your legal right to seek damages from the at-fault party. Wrongful death claims can be complicated, from establishing fault for the death to establishing the damages you can recover and estimating the full value of your claim.

If you need more information and assistance with your claim, contact the Indiana wrongful death attorneys at Crell Law , immediately. You can arrange your consultation by completing our online form or calling us.