Fishers Personal Injury
Fishers Wrongful Death Lawyer
Losing a family member is one of the most heartbreaking experiences that can happen to you. The pain is intensified when their death was due to a preventable accident. Knowing that someone else’s negligence, recklessness, or intentional actions caused your family member to die can bring about feelings of anger. Understandably, you may want to “punish” the responsible party. While no amount of money can bring back your loved one, a wrongful death lawsuit can hold them accountable and help you with the unexpected financial burden you are suddenly facing. To learn more about wrongful death claims in Indiana, contact a Fishers wrongful death lawyer today.
Who Can File a Wrongful Death Lawsuit in Fishers?
Each state has its own rules on who can file a wrongful death lawsuit. Indiana law says that the deceased’s personal representative must file a wrongful death case. The personal representative of their estate is the person the deceased named to oversee their probate administration. While the personal representative is the one who has to file the lawsuit, it doesn’t mean they get the settlement. Damages in a wrongful death lawsuit can be awarded to the surviving spouse, the deceased’s children, and other dependents of the deceased.
Common Causes of Indiana Wrongful Death Lawsuits
Wrongful death lawsuits can arise from numerous accidents and events. Some of the most common causes of wrongful death lawsuits include:
- Car accidents,
- Truck accidents,
- Pedestrian accidents,
- Motorcycle accidents,
- Bicycle accidents,
- Medical malpractice,
- Defective products,
- Slip and falls,
- Dog bites,
- Nursing home abuse, and
- Negligent security.
You only have a limited amount of time to bring a wrongful death lawsuit, which is why it’s important to contact an attorney early on the process. You typically only have two years from the date of death to file a lawsuit. If you miss the deadline, the court could dismiss your case entirely.
Potential Damages in a Wrongful Death Lawsuit
Depending on the circumstances of your claim, a wrongful death lawsuit could result in compensation for:
- Funeral and burial expenses;
- Loss of benefits the deceased would have provided the family;
- Medical expenses for the deceased before they died;
- Loss of earning capacity for the course of their lifetime;
- Loss of affection, love, and care;
- Loss of household services; and
- Attorney’s fees associated with filing a wrongful death lawsuit.
If the deceased is a child, immediate family members could seek damages for grief counseling and loss of companionship, love, and services. If damages are awarded for the funeral, burial, or medical expenses, they will go directly to the deceased’s estate to pay any outstanding expenses. In general, surviving family members cannot recover damages for pain and suffering under Indiana wrongful death laws.
Your Fishers wrongful death lawyer can help you determine what potential compensation is available in your case. Not all damages are available in every case. Some cases may also be subject to a damages cap depending on which wrongful death statute applies.
Contact a Fishers Wrongful Death Lawyer
If you need assistance with pursuing an Indiana wrongful death lawsuit, contact Indianapolis Injury Lawyers today to schedule an initial consultation. Let us put our knowledge and experience to work for you and help you recover the compensation you deserve.