Experienced Attorneys Serving All of Central Indiana
Jacobs Law is devoted to Helping Surviving Family Members After a Loved One’s Death
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, it can help them to handle the medical expenses and cost associated with the loss and allow them to focus on what matters most: healing and moving forward with their lives.
By definition, a wrongful death occurs when someone is killed due to the misconduct or negligence of another party. Because 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 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 circumstances such as:
- Medical malpractice
- Workplace accidents
- Vehicular accidents
- Pedestrian accidents
- Product defects
- Dangerous drugs
- Dog bites
- Nursing home abuse and neglect
- Construction accidents
- Unsafe premises
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 a wrongful death attorney 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.
Do You Have a Wrongful Death Case?
Jacobs Law, LLC has 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. If you feel that you need the help of an experienced wrongful death lawyer to guide you through the legal process and assist you in recovering the damages to which you may be entitled, please call us today toll-free at (877) 418-5589.
Is a Wrongful Death Case Criminal or Civil?
A wrongful death, technically, is any death that was not a person passing “naturally”. However, when it comes to the courts, the term “wrongful death” is reserved for civil cases. While a wrongful death might result in criminal charges and a civil lawsuit, criminal courts use terms like homicide, manslaughter, and murder to address wrongful […]READ MORE