Do I Have Grounds for a Wrongful Death Case?
Filing a wrongful death lawsuit can allow families to hold negligent parties accountable and recover damages. But what constitutes a valid wrongful death case? Our attorneys can help you determine if you have grounds for a claim in cases involving:- Negligence (e.g. auto accidents, unsafe premises)
- Strict liability situations (defective products, animal attacks)
- Construction accident negligence
Who Can File a Wrongful Death Claim?
Under Indiana's wrongful death statute, claims can be filed by the personal representative of the deceased's estate on behalf of the surviving spouse, dependents, or next of kin. This may include:- The deceased's spouse
- Children, grandchildren, or other legal dependents
- Parents of the deceased
- Other family members specified by law
How Long Do I Have to File a Claim in Indiana?
In Indiana, there are strict time limits for filing a wrongful death lawsuit, known as the "statute of limitations." This time period is generally 2 years from the date of the death. While this may seem like ample time, it's critical to begin the claims process promptly. Key evidence can deteriorate or disappear, and investigating circumstances grow more difficult as time passes. By consulting an attorney early, you protect your rights and increase the chances of a successful claim. Missing the filing window will mean being permanently barred from pursuing compensation.How Can a Plymouth Wrongful Death Lawyer Help Me With My Claim?
The grief of an unexpected loss makes a complicated legal battle seem overwhelming alone. A compassionate wrongful death lawyer can navigate this process for you, handling:- Investigating to establish fault/liability
- Identifying all sources of compensation
- Calculating all available damages
- Filing paperwork and claims properly
- Negotiating with insurers for a full settlement
- Litigating in court if negotiations break down
Types of Damages in Wrongful Death Cases
Monetary awards in these cases aim to compensate for both economic and non-economic damages, such as:- Funeral and burial costs
- Pre-death medical care
- Loss of the deceased's future earnings
- Loss of love, care, companionship
- Pain and suffering of the deceased before death
- Punitive damages in cases of egregious negligence/misconduct
I'm Not Sure I Can Afford an Attorney. How Much Does it Cost?
Cost should never be a barrier to qualified legal representation. Our Plymouth wrongful death attorneys work on a contingency fee basis. This means:- You pay no upfront costs or retainers
- Fees are only due if/when we win your case
- Fees are a percentage of your settlement/award
Healing and Moving Forward
The grief and trauma of losing a loved one tragically can feel all-consuming. While financial compensation can never make up for your profound loss, a wrongful death claim can:- Provide a sense of justice and accountability
- Alleviate financial burdens after a tragic loss
- Discourage negligent acts that cost lives in the future