Losing a loved one is an incredibly difficult experience, and when their death is the result of someone else’s negligence or intentional actions, it can be even more devastating. If you have lost a loved one under such circumstances, our experienced Indianapolis wrongful death lawyers want to help you.
This comprehensive guide explains the key facts about wrongful death claims in Indiana, from who can sue to possible damages.
Common Causes of Wrongful Death Claims
Wrongful death claims can arise from a wide range of incidents and accidents. Some of the most common causes include:
- Car accidents: Negligent or reckless, impaired, or distracted driving can lead to fatal car accidents.
- Medical malpractice: If a healthcare professional’s negligence or misconduct results in the death of a patient, a wrongful death claim may be pursued.
- Defective products: The manufacturer or distributor may be liable when a defective product causes fatal injuries.
- Premises liability accidents: Examples include slip and fall accidents or inadequate security leading to assault.
- Criminal acts: Even if a person is not convicted of a crime, they may still be held responsible for a wrongful death claim if their actions caused the death of another.
Who Can File a Wrongful Death Lawsuit in Indiana?
Indiana’s wrongful death statutes establish rules for who can sue after an adult or child passes away.
Wrongful Death of an Adult
In cases where the deceased person was an adult, only a personal representative, also known as the executor of the deceased’s estate, can file a wrongful death claim.
This personal representative is typically appointed by the court and is responsible for pursuing the lawsuit on behalf of the surviving family members or the deceased’s estate.
If the deceased adult was married or had children at the time of death, Indiana law allows the surviving spouse or dependent children to recover damages for their losses. However, it is important to note that the personal representative must initiate the wrongful death claim on their behalf.
Wrongful Death of a Child
When the wrongful death claim involves the death of a child, the parents or legal guardians of the child have the right to file the claim. If the parents are divorced, the parent with legal custody of the child can bring the lawsuit.
In cases where both parents are deceased or have had their parental rights terminated, the child’s legal guardian can pursue the wrongful death claim.
Under Indiana law, a child is defined as an unmarried person under 20 years old, an unmarried person under 23 years old who is enrolled in college or a vocational program, or a viable fetus.
Types of Damages in Wrongful Death Lawsuits
Damages awarded in successful wrongful death claims aim to compensate the surviving family members or dependents for their losses. The specific types of damages that may be available in an Indiana wrongful death claim depend on the circumstances of the case.
Wrongful Death of a Child
If the deceased person was a child, the following types of damages may be awarded:
- Loss of services: Compensation for the value of services the child would have provided, such as household chores or assistance.
- Loss of love and companionship: Damages to address the emotional loss experienced by the child’s family members.
- Expenses: Reimbursement for the child’s healthcare expenses, outstanding debts, funeral and burial expenses, and reasonable attorney fees.
- Counseling costs: Compensation for the reasonable costs of counseling for parents or minor siblings struggling with the child’s death.
Wrongful Death of an Adult Without Dependents
If the deceased person was an unmarried adult without dependents, the following damages may be recoverable:
- Funeral and burial expenses: Compensation for the costs associated with the funeral and burial of the deceased.
- Medical expenses: Reimbursement for the reasonable medical and hospital expenses incurred before the death.
- Loss of love and companionship: Damages to address the emotional loss experienced by the deceased’s family members. It is important to note that Indiana law caps the damages for loss of love and companionship at $300,000.
Wrongful Death of a Married Adult or Adult with Dependents
In cases where the deceased person was married or had surviving dependents, the following damages may be awarded:
- Funeral and burial expenses: Compensation for the funeral and burial costs.
- Medical expenses: Reimbursement for the reasonable medical and hospital expenses incurred before the death.
- Loss of future earnings: Damages to address the financial loss resulting from the deceased’s future income.
- Loss of love, affection, care, and guidance: Compensation for the emotional loss experienced by the surviving spouse, dependent children, or other dependent relatives.
Statute of Limitations for Wrongful Death
Wrongful death claims must be filed within a specific time frame known as the statute of limitations. In Indiana, the statute of limitations for wrongful death claims is two years from the date of the person’s death. Failing to file the claim within this time period may result in the court refusing to hear the case.
Call Our Experienced Indianapolis Lawyers Today!
If you’re seeking justice and compensation for the tragic loss of a loved one, our compassionate and experienced Indianapolis wrongful death lawyers are here to help you navigate the intricate legal process.
When you retain our team at Rowe and Hamilton, you can trust that your rights and interests will be fiercely represented. Call 317-482-7888 or use our contact form to schedule a free consultation.
