Effectively Helping You Seek Justice And Compensation
Coping with the loss of a loved one can be one of the most difficult times in a person’s life. When a family loses a beloved member due to another party’s wrongdoing or negligence, the grieving process is often intensified. In these instances, surviving families may be entitled to pursue a wrongful death claim against those responsible and recover the financial compensation to which they may be entitled. While monetary damages will likely not provide a family with closure, they can help them handle the medical expenses and costs associated with the loss and allow them to focus on what matters most: healing and moving forward with their lives.
What Is A Wrongful Death Lawsuit?
By definition, a wrongful death occurs when someone is killed due to the misconduct or negligence of another party. Since the person is no longer alive, he or she is obviously not available to serve as a plaintiff in the personal injury lawsuit. Instead, the personal representative of the estate of the deceased individual steps in to seek monetary damages and to establish liability on the part of the defendant whose irresponsibility or negligence allegedly caused the death. Although states throughout the U.S. have passed wrongful death statutes in order to compel physicians, hospitals and manufacturers to carefully act to avoid injuring another, wrongful deaths can still occur in a wide variety of situations. A wrongful death claim can arise from:
- Nursing home abuse and neglect
- Construction accidents
- Workplace accidents
- Pedestrian accidents
- Medical malpractice
- Vehicular accidents
- Dangerous drugs
- Unsafe premises
- Product defects
- Dog bites
Indiana law allows the decedent’s family to pursue a wrongful death claim for medical and hospital expenses, funeral and burial expenses, the costs of pursuing the wrongful death claim, and lost benefits and wages the deceased would have likely earned if he or she had lived. However, wrongful death cases can be particularly complex, especially if more than one party is accountable for the loved one’s untimely death. For this reason, it is important to work with our Indianapolis wrongful death lawyers at Jacobs Law LLC, who can closely examine the circumstances and events that led to your loved one’s death.
Statute Of Limitations In Indiana
In Indiana, a wrongful death lawsuit must be filed by the personal representative of the decedent’s estate. However, damages may be awarded to the deceased person’s children, spouse or other dependents. If more than one individual is entitled to receive damages in a wrongful death lawsuit, the court will be responsible for deciding how to split up the total damages award. A wrongful death claim in Indiana must be pursued within two years of the date on which the death occurred. If a victim’s family fails to file the lawsuit within two years, the court will almost certainly refuse to award the family with any damages or compensation. The surviving family members would subsequently lose a valuable opportunity to pursue a judgment of liability as well as damages for the untimely death of their loved one. It is important that you discuss the matter with a skilled and respected wrongful death lawyer in Indianapolis.
What Types Of Damages Can I Receive In A Wrongful Death Case?
When your loved one passes away due to the negligence of another’s action, there are certain damages that you can receive as compensation for your suffering. These damages may include but are not limited to the following:
- Medical expenses
- Hospital expenses
- Burial expenses
- Lost earnings or expected income
- Uninsured debts
- Counseling expense
Do You Have A Wrongful Death Case?
Our dedicated wrongful death attorneys at Jacobs Law LLC, have represented the survivors of wrongful death victims throughout Indiana, and we know that monetary damages cannot bring back your loved one. However, pursuing a claim and holding the appropriate parties responsible for your loss can provide a means for you to continue to move forward by ensuring a college education for children or being able to put food on the table if the decedent was the primary wage earner in the family. We are currently offering free, no-obligation case evaluations to surviving family members of loved ones who have passed away due to the fault or negligence of another.