In general terms, wrongful death is defined as a death that occurred due to the negligent acts or omissions of another person or entity and can be the result of medical mistakes, hazardous property conditions, negligent drivers and more.
When a family member loses a loved one in such a situation, they can seek to recover compensation, or damages, stemming from the loss. However, the types of damages available will depend on individual circumstances.
Children
If the wrongful death involved a child, applicable family members can recover compensation for the following:
- Medical expenses related to the child prior to death
- Loss of love and companionship
- Counseling and related costs for family members
- Expenses related to estate administration
It’s important to note that there are several criteria that meet the definition of a “child” under Indiana law.
Married adults
The surviving spouse and dependents of the deceased can recover the following damages:
- Medical expenses related to the individual prior to passing
- Funeral and burial expenses
- Loss of the deceased’s future earning capacity
- Loss of the deceased’s love and companionship
Unmarried adults
For deceased unmarried adults with no dependents, the decedent’s parents and nondependent children can seek damages for:
- Funeral and burial expenses
- Medical expenses related to the deceased prior to death
- Loss of the deceased’s love and companionship
Each party seeking to recover any of the above, however, must provide proof that there was a “genuine, substantial, and ongoing relationship” with the individual who passed away.
For more information about the nuances of this law, seeking guidance from a legal professional is advised.