How Can You Prove Your Right to a Wrongful Death Case?
If you want to prove your right to a wrongful death case, you need to:- Establish that someone else owed your loved one a duty of care at the time of their accident
- Establish that negligence contributed to the fatal nature of the accident
- Determine whether or not you have the right to pursue a claim in your loved one’s name
Who Can File a Wrongful Death Claim in Indiana?
Only certain parties have the right to file personal injury claims in Indiana. You cannot file a claim unless you’re the deceased’s personal representative. Most of the time, information about a person’s personal representative is found in their will. There is no formal process for establishing a personal representative. However, there are instances wherein the deceased may not have had the time or wherewithal to establish a personal representative. If this is the case for your loved one, the state may have to assign a personal representative on the deceased’s behalf.When Should You File a Wrongful Death Claim?
You have a limited amount of time to act on behalf of your loved one. Indiana’s personal injury statute of limitations allows families no more than two years to build a claim against another party. Your claim must reach a civil court by the second anniversary of your loved one’s death if you want your case to progress.What Compensation Should You Ask for When Filing a Wrongful Death Claim?
It’s difficult to think about death in economic terms, but unfortunately, survivors have to. The death of a loved one can have a devastating impact on your income. Funeral expenses can also put your savings at risk. Moving forward with a wrongful death claim allows you to include some of these expenses in your request for support. They may count as losses generated by a negligent party’s bad behavior. Some of the losses that most often appear in Indiana wrongful death claims include the following:- Loss of consortium
- Loss of companionship
- Premortem medical care
- Hospice care and cost
- Lost wages
- Property damage and restorations
- Grief
- Pain and suffering
- Reduced quality of life