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Indiana wrongful death lawsuit – Who can file a claim?

On Behalf of | Jan 20, 2022 | wrongful death

Losing a loved one is one of the most devastating events you can ever have to deal with. If that death is attributed to someone else’s unlawful actions, or inaction, you deserve justice. This is where wrongful death lawsuits come in.

Of course, no amount of money can bring back your loved one. However, a wrongful death lawsuit can give you justice and offer some form of closure to your grief. A wrongful death lawsuit is the only remedy the law offers to individuals who have lost loved ones due to other people’s reckless or intentional acts.

In other words, a wrongful death lawsuit helps you achieve the following:

  • Hold the responsible party accountable
  • Serve as a deterrent to others that this kind of behavior cannot go unpunished
  • Provide monetary compensation to help offset funeral costs and support the deceased’s dependents.

But, who qualifies to file a wrongful death claim in Indiana?

Under Indiana law, whoever is eligible to file a wrongful death claim depends on whether the victim was a child or an adult at the time of their death. If the victim is a minor, then either parent can initiate a wrongful death lawsuit. However, if the victim’s parents are separated, then the parent with legal custody may file a wrongful death lawsuit.  In an event that neither parent is alive, or no longer has parental rights over the child, then the victim’s legal custodian may file the claim.

If the victim is an adult, then their estate’s personal representative may file a wrongful death lawsuit on behalf of the deceased’s family and estate. The compensation recovered from the lawsuit will then go to the deceased’s estate after paying off any accrued medical bills, funeral and legal costs of the case.

Death, under any circumstance, is never easy to deal with. To successfully file your claim and get the justice you deserve, it is important to find out if the law allows you to file a wrongful death lawsuit in Indiana.