Most of our clients make heroic recoveries from devastating injuries. But some people never recover. Instead, they succumb following an accident, leaving behind spouses, children, and parents to grieve.
Fortunately, Indiana allows family members to bring a wrongful death claim when someone else’s conduct causes a loved one’s death. This is a complicated area of law, but our
Kokomo wrongful death lawyers can help you bring a claim the right way.
Defining Wrongful Death
Not all deaths are “wrongful” under the law. Instead, Indiana Code 34-23-1 identifies wrongful deaths as those caused by the “omission” or “wrongful act” of another person or entity.
There are some common fact patterns we see over and over:
- A person dies in a car accident caused by a negligent or reckless driver
- A person perishes after falling and striking their head on something
- A negligent, reckless, or impaired truck driver slams into a victim, causing death
- A defective product causes a fatal injury
These are only some of the most common wrongful death cases. Whenever a loved one perishes due to another person’s conduct, you might have a case. Meet with a Kokomo wrongful death attorney to review.
Critically, wrongful death cases are broader than criminal homicide, which involves an intentional killing. Even accidental deaths might be classified as “wrongful” under Indiana’s statute.
Obtaining Compensation
The purpose of a wrongful death lawsuit is to obtain money damages to “make up” for your loved one’s death. Of course, no amount of money can ever replace a loved one. Nevertheless, a court cannot bring your spouse or child back to life. Instead, all they can do is award money in the form of damages for certain losses, such as:
- Medical care to treat your loved one before death
- Funeral/burial expenses
- Wages and benefits your loved one would have earned had he or she lived
- The costs of bringing a wrongful death claim
Unfortunately, survivors cannot receive compensation for emotional pain or grief. If a child dies, however, parents can receive compensation for the loss of love and services the child would have provided.
Indiana caps damages at $300,000 in wrongful death lawsuit. Please meet with a Kokomo wrongful death attorney to review how much you might be entitled to.
Filing a Wrongful Death Lawsuit
Interestingly, family members do not file the wrongful death lawsuit, even though they receive compensation in the event they win their case. Instead, the estate’s personal representative is tasked with filing in the correct court. A person’s will should identify their personal representative; otherwise, a judge will appoint someone.
If a child dies, then the parents can file this lawsuit. We encourage people to promptly contact a lawyer to identify where to file, since the state gives them only two years from the date of death to bring suit.
Contact a Kokomo Wrongful Death Attorney Today
We understand this is a difficult time. In addition to planning a funeral and notifying family members, you need time to grieve. Fortunately, we can handle all the legal issues for you so that you can focus on your family.
Please contact Keffer Hirschauer LLP today to schedule a free consultation. We provide compassionate legal representation in your darkest hours.
