Losing a loved one is one of the most difficult and painful experiences a family can endure. The grief can be even worse when a loved one’s life is taken due to the wrongful actions of another.
It is natural to seek some sense of justice, order, and meaning in the face of such a tragedy. A Marion County wrongful death attorney could help you in your search for compensation after the untimely death of a loved one due to the wrongful act or omission of another. Contact a compassionate personal injury lawyer today to begin the process.
What Qualifies as a Wrongful Death Case in Indiana?
When a person loses their life due to another party’s negligence or misconduct, the deceased person’s immediate family members may have a wrongful death claim against the other party. If you or your lawyer can establish the other party was negligent and that this negligence led to the loss of life, the family will have a valid wrongful death case.
Even if the unexpected death was due to an accident, the family can take legal action if negligence or misconduct is involved. Some examples of these accidents involving negligence or wrongdoing are:
- Auto accidents
- Accidents at worksites
- Dog attacks
- Pedestrian accidents
- Medical malpractice accidents
- Slip and fall accidents
For a free legal consultation with a wrongful death lawyer serving Marion County, call 317-636-7777
Who May File a Wrongful Death Suit in Indiana?
Under IC § 34-23-1-1, if a person’s death is caused by the wrongful act or omission of another person, then a personal representative of the deceased may bring a claim for monetary damages so long as the deceased would have had a claim against that party for the same act or omission.
In Marion County, a personal representative of the decedent’s estate must file the wrongful death claim. However, the deceased person’s spouse, children, and other dependents may all receive compensation from the claim.
In a case surrounding the wrongful death of a child, the child’s parents are the personal representatives who file the claim. If the parents are divorced, the parent with legal custody of the child files the claim. If neither parent is living or has parental rights, the legal guardian may file a claim.
The law in Indiana requires that this representative bring a wrongful death suit within two years of the death to be eligible for compensation. If someone files a suit outside of this time limit, they may not be able to recover damages.
Marion County Wrongful Death Lawyer Near Me 317-636-7777
Determining Damages in a Marion County Wrongful Death Case
In Marion County, damages for a wrongful death are determined by a court or a jury. In most cases, there is no limit on damages. However, under certain circumstances, a limit does exist.
In determining the total amount of damages for a wrongful death claim, the court may consider reasonable medical, hospital, funeral, and burial expenses, as well as the loss of the deceased person’s love and companionship. A court in Marion County will not, however, award damages for grief suffered, lost wages due to death, or punitive damages.
Indiana’s wrongful death law is incredibly complex. The table below illustrates what the estates of certain decedents may be able to recover in Marion County:
|Estate of child||Estate of adult with no dependents (with non-dependent children or parents)||Estate of adult with no dependents or family||Estate of adult with depending next of kin||Estate of adult with dependent children||Estate of adult with spouse|
|Earnings and future support||X||X||X|
|Love and affection||X||X||X|
|Love and companionship||X||X|
|Lost parental guidance||X|
|Psychiatric counseling for estate||X|
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Determining Negligence in a Marion County Wrongful Death Case
First, your lawyer must establish negligence to prove your wrongful death case. To do this, your lawyer will collect evidence, such as traffic camera footage in a car accident case or medical records in a medical malpractice case. In addition, you or your lawyer may have to find corroborating evidence, such as testimony from an eyewitness or expert witness, like an accident reconstruction specialist.
Then, your lawyer will have to prove the following elements in court:
- The responsible party owed your deceased loved one a duty of care
- The responsible party violated this duty of care
- The violation of duty led to the incident
- The incident led to the loss of life and related damages
Finding evidence and proving negligence on your own may be challenging, especially if you have to negotiate with an insurance company that tries to diminish your claim, or if you have to argue your case to a judge and jury. A Marion County wrongful death attorney from Sevenish Law Firm, P.C., can handle your case from start to finish so your family can grieve during this difficult time.
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The Main Reason to Hire a Marion County Wrongful Death Lawyer
A lawyer will help you determine what damages you can claim. Since your lawyer will take over your entire case for you and all of the tasks involved, you won’t be burdened by your case, and you’ll be able to focus on family matters.
A wrongful death lawyer from our firm will do the following for you:
- Investigate the details of what happened
- Gather evidence to support your claim
- Interview eyewitnesses
- Hire experts to testify on your loved one’s behalf
- File all pertinent documents on time in the proper court
- Negotiate with the insurance companies
- Keep you updated on the progress of your case
Our firm works on a contingency fee basis. This means you pay us nothing unless we obtain a settlement or court award for you. Our attorney’s fee is an agreed-upon percentage of that settlement or award. We want nothing to stand in your way of seeking justice on behalf of your family member.
Consult With a Marion County Wrongful Death Attorney
Losing a loved one through a wrongful death is a tragedy no amount of monetary compensation can make up for. However, if another person caused the death of someone close to you, the person responsible may be held liable for the expenses associated with your loss.
In consulting a Marion County wrongful death lawyer from Sevenish Law Firm, P.C., you could be confident you are taking the right steps to lift the burden of expenses stemming from your loss. Because the amount of damages is determined by a court, it is important to have an attorney by your side in seeking to recover the compensation you may be entitled to. Call today for a free consultation with Sevenish Law Firm, P.C., known as Fierce Protectors of the Injured™.