Losing a loved one unexpectedly is heartbreaking. What makes the pain worse is knowing the loss was caused by someone else’s recklessness.
No amount of compensation can replace a life, but a wrongful death claim can provide justice and hold the negligent individual accountable for their actions. Here is what you need to know about filing a lawsuit.
What is considered a “wrongful death”?
A wrongful death is when one person dies because of another individual’s reckless or wrongful actions. Some examples of wrongful death include:
- Vehicle accidents
- Dangerous premises
- Medical malpractice
- Defective products
- Criminal acts of violence
Indiana has rules for who can pursue a wrongful death lawsuit. While many states allow the loved ones of the deceased to file a claim, in Indiana, only the personal representative of the estate can do so. This person is typically the executor named in the will. If there is no will, the court will appoint a representative for the deceased. Any monies received would be for the benefit of the surviving spouse, their children or other dependents. When a minor passes away, the lawsuit may be filed by the child’s parents or legal guardians.
Many factors determine the amount of compensation, such as:
- Medical and funeral expenses
- Lost wages (both current and future)
- Loss of companionship
- Loss of benefits provided by the deceased, including health insurance and retirement plans
- The needs of any dependents
In some cases, punitive damages may also be awarded. This is different from the compensation amount. Punitive damages are meant to punish the defendant for actions that were malicious, fraudulent or grossly negligent. For example, an accident caused by a drunk driver or a manufacturer knowingly making a defective product.
Indiana has a strict statute of limitations. While there may be exceptions, a wrongful death lawsuit must be filed within 2 years. Missing that deadline can mean losing the right to pursue compensation, no matter how strong the case may be. At such a difficult time, it’s understandable to feel overwhelmed. However, the sooner you speak with a legal professional, the sooner they can begin to gather crucial evidence to support your claim.
