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 tragedy. An experienced 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 attorney today to begin the process.
Who May File a Wrongful Death Suit?
Under Indiana Code Title 34. Civil Law and Procedure § 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 case outside of this time limit, they may not be able to recover damages.
Determining Damages
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 adult 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 | |
| Medical Bills | X | X | X | X | X | X |
| Funeral Costs | X | X | X | X | X | X |
| Earnings and future support | X | X | X | |||
| Love and affection | X | X | X | |||
| Love and companionship | X | X | ||||
| Lost services | X | X | ||||
| Lost parental guidance | X | |||||
| Psychiatric counselling for estate | X | |||||
| Child’s debts | X | |||||
| Estate administration | X | X | X | X | X | |
| Attorney fees | X | X |
Consult with a Marion County Wrongful Death Attorney
Losing a loved one through a wrongful death is a tragedy that no amount of monetary compensation can make up for. However, if the death of someone close to you was caused by another person, the person responsible may be held liable to pay for the necessary expenses associated with your loss.
In talking to a Marion County wrongful death lawyer, 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 a skilled 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, know as Fierce Protectors of the Injured™.