Indiana Wrongful Death Attorneys

Many civil lawsuits are based on accidents or intentional acts that cause someone injuries or other losses. In tragic cases, the events of the accident or the defendant’s behavior cause someone’s death. Death is handled differently in civil cases since the victim obviously cannot sue on their own behalf. Instead, someone else can file a wrongful death lawsuit on the deceased person’s behalf.

Wrongful death suits are somewhat complicated because different damages may be claimed depending on the deceased victim. The damages available in cases where the deceased person is a child or adult will be different. Additionally, the damages for married adults and those with no dependents are also different. Wrongful death lawsuits are typically filed by a deceased person’s estate representative, not surviving family members.

If you recently lost a loved one because of someone else’s negligent behavior or intentional actions, you may be entitled to damages in a wrongful death lawsuit. Our Indiana wrongful death attorneys can help you get justice for your loved one. Call the offices of Wruck Paupore to set up a free legal consultation. Call us today at (219) 322-1166.

Wrongful Death Cases in Indiana

The legal definition of wrongful death can be found under Indiana Code § 34-23-1-1. According to the law, wrongful death is caused by someone’s wrongful act or failure to act. However, there may only be a wrongful death lawsuit if the deceased person could have claimed damages had they survived. If you believe your loved one passed away because of the actions or inaction of another, our Indiana wrongful death attorneys can help you.

A wrongful act could be any negligent behavior from the defendant. Negligence tends to include a variety of accidents. Car accidents, slip and falls, and workplace accidents may all lead to wrongful death. A failure to act or a wrongful omission is a bit trickier. A wrongful omission refers to a failure to act by the defendant where action would have been appropriate. For example, if a store owner fails to place a wet floor sign out after mopping the floor, and a customer slips on the wet floor and passes away from a head injury, the store owner could be liable in a wrongful death case for failure to act.

Damages for a Wrongful Death Case in Indiana

The damages recoverable in a wrongful death case will vary depending on the identity of the deceased person. Children and adults are generally treated differently as their deaths are associated with different kinds of losses. The law regarding damages for wrongful death cases can be found under Indiana Code § 34-23-1-2. Under the law, damages generally recoverable in all wrongful death cases include medical expenses incurred by the deceased person before they passed, funeral and burial costs, and the loss of love or companionship.

When an adult is married or has dependents when they pass away, plaintiffs can include additional damages. These additional damages are related to the loss of support from the deceased person to their dependents or spouse. You could claim damages for lost earnings from the deceased person, including both current and future earnings. Any projected increases in earnings, such as promotions that the deceased person likely would have obtained, may be considered. Our Indiana wrongful death lawyers have experience calculating damages for wrongful death cases and many other types of cases.

Wrongful Death Cases in Indiana Where the Deceased is a Child

In cases where the deceased person is a child, different rules apply, and other damages may be available. The laws for wrongful death cases involving children are stated under Indiana Code § 34-23-2. A child is anyone who is under the age of 20. The age cut-off would be 23 if the child were enrolled in post-secondary or trade schools.

Ordinarily, a personal representative of the deceased person’s estate would have to file a wrongful death lawsuit. However, children often do not have legal estates or personal representatives. Instead, their parents may file a wrongful death lawsuit. If the parents are divorced, whoever has custody may file the lawsuit. If the parents are not in the picture, a personal representative may be appointed to handle the case. A personal representative may be necessary in cases where a child’s death may have been caused by their parents. In such cases, parents cannot recover damages.

In general, for the wrongful death of a child, a plaintiff may recover damages for the loss of any services provided by the child, the loss of the child’s love and companionship, the costs of any medical bills incurred before the child’s passing, and funeral and burial costs.

Certain damages available in cases involving children include the costs of any psychiatric treatment for surviving family members to help them cope with the deep loss. Other unique damages include the costs of any debts left behind by the child, like student loans, and any attorneys fees related to the child’s estate. Our Indiana wrongful death attorney can help you get just compensation for your incredibly tragic loss.

Who is Awarded Damages in a Wrongful Death Lawsuit in Indiana?

Sometimes, there is a little confusion over who exactly is awarded damages in a wrongful death case. Some damages seem to be awarded to compensate for losses incurred by the deceased person and their estate. Other losses are aimed at making surviving family members whole again. Precisely who is awarded damages depends on what kind of damages are claimed.

Family members may be awarded damages when their losses are the ones in question. For example, the loss of financial support when a person loses their spouse may go to the surviving spouse. Similarly, if a child provided caregiving services to an elderly parent, compensation for the loss of those services would go to the parent.

Other damages are specifically awarded to the deceased person’s estate. Medical expenses related to the accident that caused the deceased person’s death and funeral costs are awarded to the estate. Because the damages are awarded to a deceased individual’s estate, the money would descend according to a will or probate law. The money awarded to an estate is likely to be shared among surviving family members if they are named in the will.

Call Our Indiana Wrongful Death Lawyers

If you lost a loved one because of someone else’s actions or failure to act, you should be compensated for your incredible loss. Our Indiana wrongful death lawyers will help you fight for justice. Call our team at Wruck Paupore for a free legal consultation. Call our offices at (219) 322-1166.