What is wrongful death? When a person is killed because of the negligence of another, that is called a wrongful death case.

In Indiana, we have three different types of wrongful death cases.  One type is that when the person who is killed is survived by a spouse or dependent next of kin, such as children, that is a case in which the damages can be the loss of income that is suffered because of the early death of the person who was killed, and also the loss of love and affection suffered by the spouse and children, and the loss of parental guidance and training on the part of the children.

A second type of wrongful death case is when the person who is killed is an adult person but does not have anybody financially dependent upon them and they are not married.  In that case the damage elements are loss of love and affection suffered by adult children or by the parents of the person who was killed, but there is a limit of $300,000.00 that can be obtained in that case.  Also there is no claim for lost income in that kind of a matter because nobody is really financially dependent upon the person who was killed.

The third type of case is when a child is killed, and in that kind of a wrongful death claim the parents would have a right to bring the claim, and the primary element of damages would be the loss of love and affection suffered by the parents due to the death of their child.  In that case there is no limit on the amount of damages that a jury could award.

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