Greenwood, IN Wrongful Death Lawyer

The passing of a loved one is often regarded as one of the hardest experiences we can go through. Moving on can be all the more difficult when your loved one’s passing occurred under wrongful circumstances. Our team can help your family fight for justice.

Wrongful death claims are often connected to accidents and negligent behavior. Wrongful death cases frequently involve car accidents, medical malpractice, and nursing home abuse or neglect. Only certain people may file wrongful death claims. When the deceased person is an adult, a personal representative of their estate must file the claim. If the victim is a child, their parents may file the claim. Damages may be vast, as death is taken very seriously by courts and juries. Many plaintiffs claim lost financial support from the deceased person in addition to lost love and companionship, among other losses. Our primary evidence will likely be the medical records of the deceased person. We need a medical expert to accurately ascertain that the cause of death was the defendant’s negligent behavior.

For a free claims review, call our wrongful death lawyers of Wruck Paupore at (219) 322-1166.

How a Wrongful Death Claim Might Arise in Greenwood, IN

According to I.C. § 34-23-1-1, when someone’s death comes directly from another person’s wrongful acts or omissions, a personal representative of the deceased person may file a wrongful death claim. Generally, if the deceased person could have filed a lawsuit on their behalf for their injuries, had they survived, their family might have a wrongful death claim.

A very common claim in wrongful death cases is car accidents. Many people – if not most people – have likely been involved in a vehicle accident at some point. Unfortunately, some accidents are so severe that drivers do not survive. Ordinarily, an injured driver can sue the other driver for their injuries. However, if the injured driver passes away, their legal claims do not disappear. A wrongful death claim may be filed against the negligent driver.

Another common example of wrongful death involves medical malpractice. When doctors make mistakes, their patients might not survive. This is not always a “wrongful” act, as many doctors do their best under the circumstances, but patients do not respond to treatment. When a doctor is so negligent as to provide treatment that does not meet standards of care, and the patient dies as a result, you might have a wrongful death claim on your hands.

In certain places and circumstances, death is more common, and determining that a death is wrongful is harder. People living in nursing homes are often older or in poor health, and the passing of a resident is rather common. Sometimes, a nursing home resident passes away because nursing home employees failed to provide adequate care. In even more upsetting circumstances, abuse or neglect in the nursing home might be to blame, and you should file a wrongful death claim.

People Allowed to File Wrongful Death Claims in Greenwood, IN

Not everyone is eligible to file a wrongful death claim. The rules tend to differ for cases involving deceased adults and children. Generally, family members of the deceased person initiate these cases, but they are not necessarily the ones who file. Our wrongful death lawyers can help you determine who can file the case.

In cases of wrongful deaths of adults, under I.C. § 34-23-1-2(b), the case must be filed by a personal representative of the deceased person. A personal representative might be named in someone’s will. For example, when someone creates their will, they might name their spouse as their personal representative. However, family members are not always named. A personal representative might instead be the deceased’s close friend or attorney. If no personal representative is named, the court can assign one for the purpose of filing the wrongful death case.

Cases involving the wrongful death of children are handled differently because children usually leave no estate, so there cannot be a personal representative. Instead, under I.C. § 34-23-2-1, a parent of the child may step in as representative and file the case with the help of an attorney. One parent may file, or both may file jointly. The term “parent” includes a child’s legal guardian who might not be their biological parent.

Damages Available in Greenwood, IN Wrongful Death Cases

Damages are described under I.C. § 34-23-1-2(c) and may account for economic and non-economic losses and injuries.

If your loved one incurred costs of medical treatment before they ultimately succumbed to their injuries, you can claim those hospital bills in your damages. For example, maybe your loved one was rushed to the hospital after a bad accident but died a day or two later. The cost of whatever treatment they received should be accounted for.

Funeral and burial costs should also be accounted for. Funerals are often expected when someone passes away, but people often do not consider how expensive a funeral is. Between a burial plot, a casket, and the cost of reserving a venue for the funeral, the costs might be remarkably high.

If your loved one contributed to your household financially, you can claim the lost financial support. This is often important when a surviving spouse relies on their partner’s income. Even if you were not married to the deceased person, they might have still provided for you financially, and you can claim that lost support.

Non-economic losses tend to revolve around the loss of your relationship with the deceased person. These damages are very subjective and ultimately decided by a jury. Aggregate damages for the loss of an adult person’s love and companionship, sometimes called a loss of consortium, may not exceed $300,000.

It is important to note that courts may not award damages in wrongful death cases for grief. Similarly, punitive damages are prohibited.

Using Evidence to Back Up Your Wrongful Death Case in Greenwood, IN

Perhaps the most important evidence in your case is your loved one’s medical records. We need these to help prove the cause of death. If your loved one did not make it to a hospital for treatment or examination before passing away, we must order an autopsy. These records are paramount to establishing how the deceased person passed away and how their death is the direct result of the defendant’s actions.

In fact, we will likely need a medical expert to review medical and autopsy records and testify about the official cause of death.

Speak to Our Greenwood, IN Wrongful Death Attorneys for Help Today

For a free claims review, call our wrongful death lawyers of Wruck Paupore at (219) 322-1166.