Who Can File a Wrongful Death Claim in Indiana?
Under state law, certain family members have the right to bring a wrongful death lawsuit when a loved one's life is wrongfully taken. Those who may file include:- The personal representative of the deceased's estate
- A surviving spouse
- Dependent children or grandchildren
- Parents
- Adult children or siblings with certain conditions met
Common Causes of Wrongful Death Cases
Preventable accidents and misconduct that can give rise to a wrongful death claim include:- Vehicle accidents caused by negligence
- Dangerous premises, unsafe conditions
- Workplace accidents, construction site incidents
Proving Wrongful Death Elements
To have grounds for a valid claim, your Hammond wrongful death attorney must establish:- The negligent party owed the deceased a duty of care
- That duty was breached
- The death was directly caused by that breach of care
- There are monetary damages and losses recoverable through legal action
Damages Recoverable in Wrongful Death Lawsuits
While no amount of money can compensate for a precious life lost, a wrongful death claim may allow you to pursue damages such as:- Funeral and burial costs
- Pre-death medical care
- Loss of the deceased's expected earnings and benefits
- Loss of love, companionship, guidance, and support
- Your own mental anguish, grief, and loss of companionship
- Punitive damages if gross negligence or malicious intent occurred
Indiana's Wrongful Death Statute of Limitations
Like other states, Indiana imposes strict time limits for filing wrongful death lawsuits. Known as the statute of limitations, this deadline is 2 years from the date of the death. While this may seem like ample time, critical evidence can disappear, and accounts fade quickly after a tragedy occurs. The sooner you take legal action, the stronger your case will be. Having a knowledgeable lawyer advising you from the outset ensures your claim rights are preserved, and you receive the maximum recoveries possible.No Upfront Costs - Contingency Fees
At Vaughan & Vaughan, we understand the sudden loss of income after a loved one's death can create immense financial strain. This is why we take all wrongful death cases on a contingency fee basis, meaning:- We only get paid if we win your case
- You pay no upfront costs for our services
- Our fees come as a percentage of your final settlement or award