Who Can File a Wrongful Death Lawsuit
Losing a loved one is an indescribably painful experience, especially when their passing could have been prevented. In such times, it’s natural to seek justice and accountability for the wrongful death of someone you cherished. While no legal action can replace the presence of a loved one, filing a wrongful death lawsuit can provide a sense of closure and financial stability for those left behind.
Compassionate Legal Support for Wrongful Death Cases
At Doehrman Buba Ring, our experienced wrongful death attorneys are all too familiar with the complexities and the emotional challenges that accompany these cases. We are committed to offering empathetic support while fiercely fighting for justice on behalf of your beloved family member. We aim to provide you with a deeper understanding of wrongful death lawsuits and claims in Indiana. Please feel free to connect with our team. We are prepared and eager to guide you through your recovery process. For a free consultation, don’t hesitate to reach out to us today.
What is an Indiana Wrongful Death Claim?
An Indiana wrongful death claim is a legal process initiated when an individual dies as the result of another party’s negligence or intentional harm. According to Indiana law, this type of claim aims to secure compensation for the deceased’s family or other eligible parties. This compensation might cover expenses such as funeral costs, medical bills incurred before the death, lost wages, loss of companionship, and more. Importantly, it serves to hold the responsible party accountable for their actions that led to the untimely demise of the loved one.
Who Can File Wrongful Death Lawsuits in Indiana?
In Indiana, the process for filing a wrongful death claim is both specific and regulated. The ability to file such a lawsuit rests solely with a person appointed to serve as the personal representative of the deceased person’s estate. This role, sometimes referred to as an “executor” or “administrator,” can be filled by an individual entrusted with the authority to file a wrongful death lawsuit when deemed appropriate.
Wrongful death suits are typically filed for the benefit of the deceased’s surviving relatives. The court then decides how any awarded damages are to be distributed between the family members of the deceased.
How is a Personal Representative Appointed?
The probate court authorizes a person to serve as personal representative to pursue a wrongful death claim. If the deceased person had a will, they would have named an executor to carry out their final wishes after their passing. If there is no will, or if the named executor is unable or unwilling to serve, the court will appoint someone as the personal representative. This individual is typically a close family member, such as the decedent’s surviving spouse, child, or parent.
Understanding Compensation in Wrongful Death Claims
Compensation for Family Members
The surviving family members of the deceased are entitled to damages for their emotional and financial losses, which include:
Loss of Companionship: The emotional suffering due to the loss of a loved one.
Economic Damages: The financial support the decedent would have provided in the future.
Seeking Damages Through Wrongful Death Litigation
Plaintiffs in a wrongful death suit have the right to seek compensation from those at fault for a variety of damages, encompassing:
Loss of Income and Support: Future financial contributions from the decedent.
Love, Care, and Affection: By the surviving spouse, parents, and/or children.
Medical and Funeral Expenses: These include costs related to the decedent’s final illness or injury and expenses for funeral and burial.
This framework ensures that those affected by wrongful death can achieve a level of financial stability and compensation for their profound loss.
Factors Considered in Wrongful Death Lawsuits
While it can be emotionally taxing and legally complex, filing a wrongful death lawsuit is often necessary for holding the responsible party accountable. The court will consider several factors when evaluating the validity of a claim, including:
The negligence or intent of the responsible party: To file a successful wrongful death lawsuit, it must be proven that the responsible party acted negligently or intentionally caused the death of the decedent.
Financial and emotional impact: The court will consider the financial and emotional impact of the deceased’s passing on their surviving family members. This can include loss of income, loss of companionship, and other damages.
Wrongful Death Statute of limitations: In Indiana, wrongful death claims must be filed within two years of the deceased’s passing. Failure to file within this time frame may result in the dismissal of the wrongful death case.
It is important to note that not all family members are eligible to receive compensation from a wrongful death claim. In Indiana, only the surviving spouse, children, dependents, or parents can benefit from a settlement or verdict in a wrongful death lawsuit.
How Can an Indiana Wrongful Death Attorney Help?
Navigating through the aftermath of a loved one’s wrongful death can be overwhelming, both emotionally and legally. Our experienced wrongful death attorneys in Indiana are dedicated to providing compassionate support alongside expert legal representation to ensure justice is served. Here’s how we can assist:
Providing Expert Legal Guidance
Our attorneys specialize in wrongful death claims and are well-versed in Indiana’s legal landscape. We offer detailed explanations of your rights, the legal process, and what to expect at each step. By demystifying legal jargon and procedures, we ensure you’re fully informed and confident in your case.
Investigating and Building Your Case
We conduct thorough investigations to uncover and compile evidence that supports your claim. This includes gathering medical records, incident reports, and witness statements. Our meticulous approach aims to construct a compelling case to represent your interests effectively.
Negotiating with Insurance Companies
Insurance companies often aim to settle for the lowest possible amount. Our attorneys possess the negotiation skills necessary to counter these tactics and strive for a wrongful death settlement that truly reflects the value of your loss, including financial and emotional damages.
Representing You in Court
If a fair settlement cannot be reached through negotiations, our team is prepared to represent you in court. We leverage our extensive experience and in-depth preparation to advocate passionately on your behalf, aiming for a verdict that compensates for your loss appropriately.
Offering Compassionate Support
Beyond legal representation, we understand the emotional toll of losing a loved one. Our team offers compassionate support throughout the legal process, ensuring you feel heard and respected while we work to secure justice for your family.
By choosing our wrongful death attorneys, you gain a team committed to fighting for your rights and the memory of your loved one.
Contact Doehrman Buba Ring Today
Loss due to a wrongful death brings unparalleled challenges, emotionally, financially, and legally. Our dedicated team at Doehrman Buba Ring understands these situations’ complexity and their profound impact on families. With a compassionate approach backed by legal expertise, we are committed to guiding you through every step of the process, ensuring that justice is served for your loved one. If you are navigating the aftermath of a wrongful death, you don’t have to do it alone. Contact us today for a free consultation. Our experienced wrongful death attorneys are ready to listen to your story, evaluate your case, and discuss the best course of action for you and your family. Together, we can strive for the compensation and closure you deserve.
