You may file a lawsuit against the liable party if your spouse died at work in Indiana in specific circumstances. Typically, Indiana will not allow you to sue your spouse’s employer. However, you may proceed with a lawsuit if a third party caused a fatal accident that resulted in the loss of your loved one.
An Indianapolis wrongful death lawyer can review your situation and determine if you qualify to file a lawsuit. Your attorney can also help you explore other options to address the damages your family faces after a fatal on-the-job accident.
When Can You Sue if Your Spouse Died at Work?
Typically, you can only sue after a fatal workplace accident if a third party caused the incident. For example, you may file a lawsuit if your spouse died because a piece of equipment malfunctioned and caused a deadly incident.
In order to build a successful lawsuit, your lawyer will need to show that a third party holds direct responsibility for the loss of your spouse. This process typically requires an investigation into the facts surrounding the fatal incident.
A lawyer can provide more information about the process of filing a lawsuit after a death.
Indiana Requires a Personal Representative to File a Wrongful Death Lawsuit
You can only file a wrongful death lawsuit after the loss of your spouse if you are your loved one’s personal representative. Indiana only allows the personal representative of the deceased to begin this legal process.
Your spouse could assign you this role through a legal document. If your spouse did not select a personal representative, the court may give you this role. You can learn more by contacting a wrongful death attorney for help.
Your Case Will Get
The Attention It Deserves
What if Your Spouse’s Employer Caused the Fatal Accident?
You have limited legal options if your spouse’s employer caused a deadly workplace accident. Indiana will not permit you to file a wrongful death lawsuit directly against your spouse’s employer because of the exclusive remedy principle.
The exclusive remedy principle means that employees (and their families) must rely on workers’ compensation to get money after the majority of workplace accidents. Only accidents caused by a third party allow you to avoid this principle.
An attorney can quickly review the circumstances surrounding your loved one’s death to identify all potentially liable individuals, including third parties, to determine if you can sue if your spouse died at work.
How an Attorney Can Investigate a Fatal Work Accident
Your lawyer can use several investigative strategies to collect information about a deadly workplace incident. Depending on the circumstances surrounding the loss of your spouse, an attorney may:
- Visit your spouse’s place of employment
- Speak with your spouse’s coworkers, customers, and anyone else who saw the accident
- Acquire footage from surveillance cameras when possible
- Get a copy of the official accident report
You can strengthen your wrongful death lawsuit by contacting a lawyer immediately to start an investigation.
Compensation Available if Your Spouse Dies at Work
Filing a lawsuit can allow your family to collect funds to cover the financial losses caused by the death of your spouse. Depending on your circumstances, you may receive damages for your spouse’s healthcare, funeral, and burial expenses.
Additionally, a wrongful death attorney may help you get damages to cover the loss of your spouse’s:
- Love, care, and affection
- Training and guidance
- Future earnings
Some of these damages will go to the estate of your spouse. Other damages will come to you and your children when applicable. In some cases, other dependent family members will receive a portion of the damages from a wrongful death lawsuit.
How Much Compensation Will You Receive if You Lose Your Spouse at Work?
The damages your family receives will depend on the extent of your losses and other factors. A lawyer can provide information about the average settlement for wrongful death lawsuits in Indiana, but most firms prefer to assess each family’s specific losses.
You can rely on your attorney to track all the damages you face after the loss of your spouse.
How Long Do You Have to Sue if Your Spouse Died at Work?
Indiana has a two-year statute of limitations for wrongful death claims. Your family must proceed with a legal claim before the statute expires. Therefore, it’s essential that you contact a lawyer quickly after a deadly accident at work.
Your lawyer can work to expedite the legal process once you file a wrongful death claim. However, the process may take a year or more.
Talk to Us About a Lawsuit if Your Spouse Died at Work
Can you sue if your spouse died at work in Indiana? You may qualify to file a wrongful death lawsuit if a third party caused the death of your spouse. Our team at Vaughan & Vaughan can assess your situation and help you determine if you qualify for this legal action.
We have over a century of experience helping clients like you. Find out more by calling or filling out our online contact form.
