Evansville, IN Wrongful Death Lawyer

After suffering the loss of a loved one through another person’s actions, surviving family members might not know what steps to take next to get justice. Those left behind deserve to be compensated for their incredible loss.

Wrongful death cases are often complex and emotionally draining. Fortunately, our firm can help you through the process so that you understand what damages you are entitled to and how to procure them. In many cases, the acts that caused a wrongful death will also be charged as a crime. However, a criminal case will not provide the compensation you deserve. Only by filing a civil wrongful death claim can you ensure that your rights are protected and that the losses you suffered are paid to your loved one’s estate.

Contact Wruck Paupore at (219) 322-1166 for a free case evaluation with our dedicated wrongful death lawyers.

Determining Wrongful Death in Evansville, IN

Losing a loved one due to the negligence or wrongful act of another can be emotionally and financially devastating. In Indiana, the term "wrongful death" is governed by I.C. § 34-23-1-1, which allows certain surviving family members or beneficiaries to seek compensation for their incredible loss. Essentially, wrongful death occurs when the death of an individual is caused by the wrongful act or omission of another person. While a wrongful act might be charged as a crime, the act could be the result of negligence, as well. Either way, a wrongful death claim can be brought if the decedent would have been entitled to bring a personal injury action had they survived the incident that led to their death.

Different situations can lead to wrongful death claims. For example, in medical malpractice cases, a patient's death occurs due to a healthcare professional's negligence. If a defective product causes the death of a user, the manufacturer or seller could be held liable for wrongful death. Also, if a person dies due to another driver's negligence, such as drunk driving or texting while driving, the deceased's family can file a wrongful death claim against the at-fault driver for the car accident they caused.

Parties that Can Sue for Wrongful Death in Evansville, IN

Determining who has the right to file a wrongful death case in Evansville can be difficult. The rules will be slightly different depending on whether the victim is an adult or a child. When an adult is the deceased, a wrongful death claim must be filed by the personal representative of the decedent's estate. In some cases, the personal representative is referred to as the executor. The personal representative is typically a close family member, such as a spouse, parent, or adult child. The case is then brought on behalf of the decedent's surviving family members, including spouses, children, and other dependents who have suffered losses due to the wrongful death.

Once the personal representative has been awarded damages to the decedent’s estate, the proceeds can be distributed to qualifying beneficiaries. If a personal representative was not chosen before your loved one passed, the court would typically approve one to act as the executor.

When a child dies due to wrongful death, the legal process differs from cases involving adults. In these tragic situations, the child's parents or legal guardians can file a claim directly for their losses. To be considered a child, the victim must be under 20, unmarried, and without children. A person 23 or younger who is enrolled in college or a similar academic program and who is unmarried will also be considered a child for wrongful death purposes. Lastly, a fetus that has reached viability is considered a child under the law.

Compensation Beneficiaries Can Recover in an Evansville, IN Wrongful Death Case

In Evansville, numerous damages can be awarded to the surviving family members or beneficiaries of the deceased. These damages typically include reasonable expenses for medical treatment, hospitalization, funeral, and burial expenses. Additionally, the loss of financial support that the decedent would have provided to their dependents, as well as the loss of companionship, care, and guidance that the decedent would have given to their family members, can also be claimed in your case. Perhaps most significantly, a spouse and certain other relatives can recover for the loss of love and companionship of their loved one.

However, when an unmarried adult passes away without dependents, damages for loss of love and companionship are limited to a maximum of $300,000. Another limiting factor is that surviving victims cannot usually claim losses for the decedent's pain and suffering or the surviving family members' grief in wrongful death cases.

Time Limit to File a Wrongful Death Claim in Evansville, IN

In Evansville, the deadline for filing a wrongful death case is determined by I.C. § 34-11-2-4. In most cases, your claim needs to be filed within two years of the victim's passing, regardless of their age. This might seem like a substantial amount of time, but wrongful death cases are usually intricate and require a significant amount of evidence from various sources to prove a claim. If the case is not filed within the specified time frame, the court will dismiss it, which will prevent you from recovering compensation.

Differences Between a Wrongful Death Claim and a Criminal Prosecution in Evansville, IN

In the unfortunate event that you have lost a loved one due to the actions of another party, criminal charges may be pending against the responsible party for the same incident. However, it is crucial to keep in mind that the criminal case alone will not be enough for you to receive compensation, so it is important to differentiate between the two types of cases.

If wrongful death results from a crime, the government initiates a criminal case to be conducted by the prosecutor’s office. The prosecutor's objective is to obtain a conviction, which could lead to penalties such as fines or imprisonment. However, any fines imposed generally do not go to the bereaved family. While a prison sentence may provide a sense of closure, it will not address your family's financial needs.

Criminal cases also require a greater burden of proof than civil cases. Prosecutors are required to establish guilt “beyond a reasonable doubt” to secure a criminal conviction, while a wrongful death claim only needs proof by a “preponderance of the evidence.” Essentially, in a criminal trial, the jury must be almost certain of the defendant's guilt, whereas, in a wrongful death claim, they only need to be persuaded that the defendant was more likely than not responsible for causing the death of their loved one.

Our Evansville, IN Wrongful Death Lawyers Can Help

For a free case review with our wrongful death attorneys, call Wruck Paupore today at (219) 322-1166.