If you have lost a loved one because of someone else’s reckless behavior, you and your family may be entitled to compensation through a wrongful death lawsuit. Contacting a Greenwood wrongful death lawyer may be your first step towards recovering compensation to help your family move on to your next steps.
For more help with a wrongful death lawsuit, speak to the team at Sevenish Law Firm for an evaluation of your potential case.
Accidents That Cause Wrongful Deaths
Wrongful death refers to those deaths caused by someone else’s negligence. A wrongful death lawsuit asks for damages to compensate family members for what they have lost due to the death.
Some of the most common causes of wrongful deaths include:
- Auto accidents
- Medical malpractice
- Unsafe property conditions
- Dangerous construction
- Unsafe machinery or work environments
- Defective medical devices and drugs
Anytime a loved one dies suddenly and without a clear reason, you may have questions about your right to recover wrongful death compensation. While you may not know what caused the initial accident or injury, an investigation may reveal that one or more parties are responsible for your loss.
Who Can File a Wrongful Death Claim?
Only the personal representative who may also be referred to as the executor of the estate is eligible to open a wrongful death claim. The lawsuit filed on behalf of the estate may help to compensate surviving family members for their losses.
In a wrongful death claim involving the loss of a child, the case must be filed by one or both of the child’s parents. If the parents are no longer married, the claim must be filed by the parent with legal custody of that child. Children are defined in Indiana as unmarried people without dependents younger than 23 years old enrolled in college or career and technical programs, or an unmarried person without dependents younger than 20 years old.
How Long Do You Have to File a Wrongful Death Claim in Indiana?
Wrongful death lawsuits must be filed no later than two years after the date of the person’s death. This applies regardless of whether or not the person who passed away was a child or an adult. The case will be dismissed if it is not filed within the statute of limitations in Indiana.
Beyond protecting your right to file under the statute of limitations, filing sooner helps your family close this chapter of your life and makes it easier for an attorney in Greenwood to gather and review the evidence pertinent to your claim.
Settlements and Awards in Wrongful Death Claims
Direct out-of-pocket expenses may be included in a wrongful death lawsuit to pay family members for medical bills for fatal wounds and reasonable costs of burial and the funeral.
Monetary damages for wrongful death may also include things like:
- Loss of income and support provided by the decedent
- Loss of the companionship and love of the decedent
- Lost inheritance because of the untimely death
- Loss of the educational guidance that person provided
- Loss of anticipated increases in assets such as the individual’s retirement account
- Emotional pain and suffering endured by the survivor
Your lawyer can help you calculate a potential settlement amount to prepare for negotiations. If you are not able to reach a settlement, your case will go to court. In determining the value of wrongful death damages, factors such as the decedent’s age, lost income, life expectancy, earnings history, and health will all matter. The loss of a loved one has repercussions for the whole family, and a lawsuit may help you all move forward.
How do wrongful death lawyers in Greenwood get paid?
Most Greenwood wrongful death lawyers work on a contingency fee basis. This means that you do not pay upfront by establishing a retainer or an hourly agreement.
Instead, your attorney recovers a contingency fee as a portion of any successful settlement or recovery in a lawsuit. Your attorney fees are factored in as part of the overall compensation amount and are only paid if your case is successful.
How long does a wrongful death case take?
Many different factors influence the potential length of a Greenwood wrongful death case. It’s good to schedule an initial consultation with an experienced and dedicated wrongful death lawyer to learn more about what factors may influence your case. If you are able to settle out of court, your case may conclude more quickly.
We Can Help Move Forward With a Wrongful Death Claim in Greenwood
An attorney at our firm can play a critical role in helping to alleviate stress and manage the claim in full. A knowledgeable legal professional can help with things like consulting with eyewitnesses, determining which parties are liable for the death, identifying relevant laws and statutes that apply to the lawsuit, collecting evidence, and negotiating aggressively on your behalf.
As your family’s representative, we will also take proactive steps to ensure that all of your paperwork is filed in a timely manner. You deserve to have someone who has extensive experience in the field of wrongful death and who will do everything possible to help your family during this extremely challenging time. Speak to the team at Sevenish Law Firm for a thorough review of your claim.