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Any accident which results in someone prematurely passing away is always a tragedy. When such an accident stems directly from someone else’s negligent or wrongful act, surviving family members of the decedent often have grounds to take legal action against that other person. Through this, they can demand compensation for various losses they have already suffered and are likely to suffer in the future due to the loss of their loved one.
It can be difficult to pursue civil litigation under these circumstances, which is why you should do so with the aid of a trustworthy personal injury attorney. If you need to recover financially for the loss of a family member, a Lawrence wrongful death lawyer could provide the knowledge and experience you need to move forward.
Under Indiana Code § 34-23-1-1, any person who directly causes another person’s death through their own “wrongful act or omissions” may be held civilly liable for the consequences it will have on the decedent’s estate and on their surviving family members. It is worth emphasizing that civil litigation over wrongful death would proceed separately from any criminal case arising from the same incident, and neither case’s outcome would have a direct impact on the outcome of the other.
If the decedent at the heart of a wrongful death claim was an adult at the time of their death, the personal representative for the decedent’s estate is the only person with legal standing to file a wrongful death claim. However, if the decedent was a child, then one or both parents of that child must be the ones to bring a wrongful death claim forward. In this case, a “child” refers to a viable fetus, a person under 20 years old who is unmarried and has no dependents, or a person under 23 years old and enrolled in college or an equivalent educational program who is unmarried and has no dependents.
Regardless of the decedent’s age or who has standing to file suit, the statute of limitations for wrongful death claims in Indiana is two years after the decedent’s date of death. Support from a capable Lawrence wrongful death attorney is necessary to build a comprehensive and legally enforceable claim within this strict time limit.
Different types of damages may be available through a wrongful death claim depending on the age and status of the decedent. If the decedent was married or has dependents who survive them, a wrongful death claim can seek restitution for all of the decedent’s medical expenses, funeral and burial costs, loss of future earnings, and loss of love, affection, and guidance.
Claims pursued in the name of decedents who were unmarried and without dependents can also seek restitution for the full value of medical expenses, as well as funeral and burial costs. Recovery for loss of “love and companionship” is capped at $300,000 and only available to parents or nondependent children who can prove a significant ongoing relationship with the decedent.
Finally, if the decedent was a child, a wrongful death lawyer in Lawrence could help demand compensation for all expenses related to the child’s medical treatment and estate administration, loss of love and companionship, loss of services, and reasonable costs of counseling for the child’s parent(s) or minor siblings.
No one should ever have their life cut short solely because of another person’s irresponsible or intentionally malicious actions. Whether it was caused by a car crash, negligent trucker, medical malpractice, slip and fall, or other situation, you have the right to look into a claim for monetary damages.
A Lawrence wrongful death lawyer is your ally during your legal proceedings. Call us today for a private consultation.