The death of a loved one because of someone else’s negligence is a tragedy that cannot be made right. However, seeking the compensation that you and your family are entitled to could help you address your losses and move forward on the journey toward recovery. The experienced wrongful death attorneys at McCready Law have a wealth of experience obtaining favorable Indianapolis wrongful death settlements and we welcome the opportunity to also help you.
It is important to establish that every wrongful death claim is specific to the unique situation involved. The underlying causes of wrongful death claims, however, tend to fall into particular categories, including:
For families in Indianapolis considering making a settlement claim, an experienced wrongful death attorney could review the specific accident or circumstances leading to their loved one’s death.
In Indiana, a representative of the decedent’s estate files the wrongful death claim on behalf of the decedent’s survivors. If the person who lost their life had a will, the executor of the estate named in it serves in the role of the personal representative in the wrongful death claim. If the victim had no will or named no executor, the court will assign someone to the role of personal representative when making a wrongful death settlement claim in Indianapolis.
Those who may benefit from a wrongful death action include the surviving spouse and children of the decedent. If the children are minors, the court may specify that a percentage of the claim be set aside to address their future needs.
If the decedent does not have a surviving spouse or children, their surviving parents are the next likely recipient. If there are no survivors in these categories, the decedent’s siblings could fill the role of beneficiaries, potentially followed by more distant relatives.
Most wrongful death claims are settled out of court. These settlements reflect two forms of compensable damages, economic and non-economic damages or losses.
Economic damages refer to losses to which a price can be attached, including the medical expenses incurred by the decedent due to the accident that ultimately proved fatal. Other common examples are the cost of the decedent’s funeral and burial services, and financial losses associated with the decedent’s expected earnings and benefits into the future.
The non-economic damages addressed in wrongful death settlements refer to the emotional pain and suffering beneficiaries will endure as a result of losing their loved one. It can also, however, address the physical and emotional pain and suffering the decedent experienced in the wake of the accident that caused their death.
Other forms of non-economic damages addressed by a settlement for a wrongful death in Indianapolis may include the guidance, love, and companionship that the surviving family would have continued to enjoy if their loved one had survived.
The dedicated personal injury attorneys at McCready Law understand the legal intricacies of complex settlements. We want to help people who have lost loved ones, and are committed to fiercely advocating for a favorable resolution on your behalf. The unexpected death of a loved one is exceptionally difficult, but obtaining just compensation could help you and your family make your way forward.
For more information about what McCready Law can do to help you, please do not hesitate to reach out by contacting the team online or by phone today.
