Families may receive financial compensation for the love and affection they lost a chance to receive from a family member due to a fatal accident. Love and affection represent some of the non-economic damages you can receive after the loss of a loved one.
An Indianapolis wrongful death lawyer can calculate the financial value of these losses on your behalf. While money cannot replace the affection, love, and other losses you face after the death of a loved one, it can help you deal with the financial burdens caused by a deadly accident.
What Do Wrongful Death Laws Say About Love and Affection?
Indiana’s laws on deaths from a wrongful act or omission state that some family members may receive financial compensation for the love and affection they lost due to a fatal accident.
The state does not specifically define the emotions of affection or love. However, the accepted definition of affection describes it as a feeling of caring for and liking someone. Similarly, we define love as an intense feeling of deep affection.
You can learn more about what love and affection is in a wrongful death case with an Indianapolis personal injury lawyer.
Who Can Receive Damages for Lost Love and Affection in Indiana?
Indiana will generally allow you to receive damage for lost love and affection if you lost your spouse. Additionally, these damages become available if the deceased had dependent children or a dependent next of kin.
In all other situations, the legal system does not allow you to request these damages.
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Are There Other Losses Like Love and Affection in a Wrongful Death Case?
Your family may receive other non-economic damages after the loss of a loved one. The availability of these damages will depend on the age of your loved one, whether they had dependents and their marital status.
If you lose your child, you may receive non-economic damages for the companionship and love you lost. In cases involving adults, you may receive additional non-economic damages for lost:
- Affection
- Training
- Guidance
Keep in mind that if you lost an adult loved one who was not married and had no dependents, the state caps the available damages for lost love and companionship.
A professional legal team can help you learn more about non-economic damages and what love and affection are in a wrongful death case.
Does Indiana Provide Loss of Consortium Damages?
Indiana does not explicitly provide for damages for loss of consortium through the state’s wrongful death laws. Loss of consortium can refer to the loss of a relationship’s intangible benefits, so it closely aligns with lost love and affection.
How Much Compensation Do You Get for Lost Love and Affection?
The funds available to you to address the love and affection you lost due to someone else’s negligence will vary. An attorney can review your situation and may provide an estimate of the damages available in your specific situation.
You can learn more about the average settlement for wrongful death lawsuits by reaching out to legal professionals immediately after a fatal accident.
Are There Economic Damages for Wrongful Death Cases?
Your family may also receive economic damages from the liable party after a fatal accident. In Indiana, these damages typically go directly to the estate of the deceased, and they may help pay for your loved one’s:
- Medical and healthcare expenses
- Burial expenses
- Funeral expenses
These funds can help you deal with the tremendous financial pressures you face after a deadly accident.
In some cases, the legal system will also provide you with damages to cover reasonable counseling costs. You can ask your lawyer if you qualify for these damages.
Note that while these economic damages will go to the estate of your loved one, the non-economic damages associated with the wrongful death claim may go directly to you and your loved one’s other dependents.
How Do You Get Damages After a Fatal Accident?
You have two primary options available to secure economic and non-economic damages after a deadly accident. In many cases, attorneys can resolve these claims outside of court by negotiating with the insurance company that represents the liable party.
However, there are situations where the insurance company will refuse to provide a fair settlement. In these circumstances, your lawyer may help you file a wrongful death lawsuit against the liable party.
You can discuss both of these options with a local law firm so you can make the choice that best fits your family’s needs in this challenging time.
Learn More About Love and Affection in Wrongful Death Claims
What are love and affection in a wrongful death case? These terms refer to some of the non-economic damages your family may receive after the loss of a loved one. Our team at Vaughan & Vaughan can provide more information about these damages and your legal options after a fatal accident.
You can call or complete our online contact form to learn more.
