Plainfield Personal Injury
Plainfield Wrongful Death Lawyer
What Qualifies as a Wrongful Death?
In Indiana, a wrongful death is defined as any death that was the result of someone else’s wrongful act or omission. Essentially, if the deceased would have had grounds to file a personal injury claim if he or she had survived, that person’s relatives can file a wrongful death suit on the victim’s behalf. It is important to note, however, that wrongful death claims are civil lawsuits, so liability will only be expressed in terms of monetary damages and not in jail time or criminal charges.
Filing a Wrongful Death Claim
Only certain individuals can recover monetary damages by filing a wrongful death claim, including a decedent’s surviving spouse, children, or dependents. In the event that more than one party is found to be entitled to damages, a court will step in and divide those assets between the eligible parties. If, however, a wrongful death suit involves the untimely passing of a deceased minor, that claim can only be filed by the victim’s parents.
Wrongful Death Damages
Calculating monetary damages for a wrongful death is a complicated process, as it requires an assessment not only of medical bills and injury-related expenses, but also proof of:
- Funeral and burial costs;
- The loss of future income that would have been earned by the decedent if he or she had survived;
- Wrongful death-related legal fees; and
- Estate administration costs.
Unlike many other states, Indiana doesn’t permit surviving relatives to collect damages compensating them for the emotional grief they suffered upon a loved one’s demise. The only exception to this rule applies in cases where the deceased is a minor child, in which case, the child’s parents can recover additional damages for the loss of their child’s companionship and love. However, recovering any amount of compensation will only be possible if a plaintiff files a claim before the two year statute of limitations expires.
Get Legal Help from a Plainfield Wrongful Death Lawyer
The surviving relatives of those who tragically lose their lives unexpectedly are usually not in a condition to think about the legal ramifications of the accident. This is where an experienced attorney can prove invaluable to a grieving family, so if you recently lost a loved one in an accident caused by someone else’s negligence, please call the dedicated and compassionate Plainfield wrongful death lawyers at Indianapolis Injury Lawyers at 317-455-4043 today.