The unexpected loss of a loved one can turn a person’s world upside down. Losing someone you love is never easy but having a beloved family member killed in an accident feels especially unjust. While nothing can replace the loss or make up for the deadly accident, a wrongful death claim can help some families find peace and protect their future.
By working with a Gary wrongful death lawyer, families can be proactive in looking out for their best interests and the best interests of their loved one’s memory. A compassionate attorney can help investigate a tragic accident and may be able to hold the person or company responsible for the incident liable for their actions. Regardless of the events that led to the death of your loved one, you may benefit from a consultation with a lawyer.
In Indiana, families who have lost loved ones in accidents may be able to take legal action. Indiana Code Title 34, section one states: When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefore against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the latter for an injury for the same act or omission.
Essentially, this statute allows for families to pursue a lawsuit when their loved one’s death could have been prevented had a person or business taken the correct, responsible actions. Similar to the way a surviving person may file suit against an individual who caused their injuries in an accident, wrongful death suits allow families to act on behalf of their deceased loved one. While the family may appoint anyone to represent the deceased, there are specific rules outlining who may receive compensation.
The deceased’s surviving spouse, children, or other dependents may all receive compensation in a wrongful death action. If there is more than one person eligible for damages, they may be split amongst the group by the court. Families have up to two years after the death of their loved one to pursue a wrongful death suit. An experienced lawyer could help a family file a claim within the two-year timeframe.
While no amount of money can make up for the loss of a beloved family member, a wrongful death settlement can help offset the cost of their loss. When a person is killed unexpectedly, their medical bills, funeral costs, and lost wages can place undue hardship on a family. If the person who died was the family’s breadwinner, the financial hardship can be especially difficult.
Non-economic damages may also be included in a wrongful death settlement. The loss of companionship, the pain and suffering endured by the family, and even the loss of consortium may all be factored into a settlement. A Gary wrongful death attorney can help families understand how much they may be entitled to under their circumstances.
Anyone suffering an unexpected loss deserves time to grieve and work to rebuild their lives. Too often, though, families are pressured to make important decisions and carry out tedious documentation to help them receive the justice they deserve. However, a Gary wrongful death lawyer may be able to help.
A dedicated attorney can help families devote their attention to their grief and by assisting them in their most trying times. To learn more about how an attorney can help your family, call today for a free consultation.