The Indiana definition of wrongful death is a fatality resulting from someone’s intentional misdeeds, recklessness, and neglect. Among the most common types of wrongful death in Indiana are car accidents, slip and fall accidents, defective products, work accidents, medical malpractice, etc. When a victim dies, their family must bring a case on their behalf, and the survivors will be the ones to receive the compensation.
What Qualifies as Wrongful Death?
Wrongful death does not apply to every demise. According to the law, wrongful death occurs when someone dies because of the actions or inactions of another person.
Many factors can lead to the wrongful death of a person. The following are among the most prevalent in the state of Indiana:
- Fall and slip accidents.
- Job accidents.
- Road accidents.
- Illegal substances.
- Abuse in a nursing home.
- Medical negligence.
Other wrongful death cases in Indiana include the following:
- Anesthesia negligence: anesthesia administration might go awry if the anesthesiologist fails to do their job correctly. The family can file a wrongful death claim if someone dies due to excessive anesthesia administration or other negligent actions in a healthcare environment.
- If a car’s malfunctioning parts cause a fatality, the automaker may be liable for compensation. Additionally, if a driver of a cab or a commercial vehicle causes an accident that ends in a fatality, they may be held accountable.
- Unsafe product design: the design of machinery should suit specific safety standards. The company may be held financially liable if one of its products causes a fatality, such as a piece of power equipment, home appliance, or a car.
What Should You Do If a Loved One Dies as a Result of Wrongful Death?
Even though you might be mourning, it’s critical that you immediately start gathering evidence as family members of someone who has passed away. If someone died due to someone else’s carelessness or recklessness, you have a case for wrongful death. Additionally, consider looking for a wrongful death lawyer in Indianapolis to advise you on the most efficient methods of obtaining evidence, filing a claim, going through the settlement process, and obtaining economic and non-economic damages.
Why Should You Hire an Indiana Wrongful Death Attorney?
If you’ve suffered financial or emotional harm due to a wrongful death caused by the negligence of another, you should speak with an attorney. Indiana law permits you to claim compensation for losing love and affection even though you can’t bring back your loved one. In addition, lawsuits have the power to restore your pre-incident financial standing.
Who Qualifies to File for a Wrongful Death Claim?
Indiana has child, general, and adult wrongful death lawsuits. Parents or guardians could file a negligence claim if the victim were a minor. If the victim was an adult, the executor or administrator of the victim’s estate should file the claim.
- General wrongful death damages cover treatment costs, burial and funeral costs, and the loss of wages.
- Child wrongful death law covers single victims under 20 years old and students under 23.
- Indiana’s adult wrongful death law covers the death of a single adult with no dependents who got killed in an accident or other incident. In addition to the typical wrongful death damages, damages may include loss of affection and friendship.
Your attorney will explain how wrongful death laws work in Indiana to benefit the survivors.
The Process of Filing a Wrongful Death Claim in Indiana
The process includes investigation, claim filing, settlement negotiations, and, possibly, a court trial. You can only win a wrongful death claim if you can prove the following:
- The victim’s heirs, children, or other dependents are still alive.
- The defendant was negligent, and as a result, the victim died.
- The death of the victim resulted in financial losses for the survivors.
- The victim would have been entitled to a personal injury claim if the wrongful act had not occurred.
To begin settlement talks, you’ll need the results of your investigation. If negotiations fail to produce a settlement, you must prepare for trial. A wrongful death case can last considerably. You may resolve your claim in a matter of weeks in some situations. In contrast, some circumstances may take years to settle a claim, especially if it gets to trial.
In Indiana, wrongful death lawsuits must adhere to the state’s wrongful death laws and statute of limitations. For this reason, it is best to work with an attorney. They will carry the burden of paperwork, witness testimonies, experts’ affidavits, insurance issues, negotiations, etc.