Have you suffered the unexpected death of a family member in an accident in Indianapolis, IN? Call Wilson Kehoe Winingham Injury Lawyers at 317-920-6400 for a free consultation. You may be entitled to compensation for your losses, and our experienced Indianapolis wrongful death lawyers can help you fight to maximize your recovery.
We are a top-rated personal injury law firm dedicated to helping accident victims and grieving families assert their rights after life-changing accidents. Backed by over 100 years of combined legal experience, our award-winning legal team has taken on powerful corporations and won millions of dollars in settlements and jury verdicts at trial. Now, we’re ready to help your family fight for justice in the wake of your devastating loss.
Why Choose Wilson Kehoe Winingham Injury Lawyers to Help Me After a Fatal Accident in Indianapolis, IN?
Grieving families in Indianapolis, Indiana, choose Wilson Kehoe Winingham Injury Lawyers because we’re honest, respected, and skilled legal advocates with a proven track record of victory.
Beyond our extensive experience and substantial financial recoveries, we have earned numerous awards and honors from the legal community, including:
- AV Rated by Martindale-Hubbell
- Trial Lawyer of the Year by the Indiana Trial Lawyers Association
- Best Lawyers in America
- Indiana Super Lawyers Rising Stars
Our Indianapolis wrongful death attorneys know just how catastrophic it can be to lose someone you love unexpectedly. We appreciate how much of an impact it can have on your life and how important it can be to recover compensation as you forge ahead.
Contact our law office to schedule a free consultation with an Indianapolis personal injury lawyer.
What Is Wrongful Death?
If you were to get hurt in an accident in Indianapolis because of another person’s actions, you’d have the right to pursue a legal claim for damages. The right to sue can’t be lost just because an accident is fatal.
Wrongful death claims are designed to ensure that an at-fault party is held accountable for their actions and that the victim’s family is compensated for any ensuing damages. These cases provide a critical path for grieving families to seek justice, recover necessary financial support, and protect their loved one’s memory after a tragic and preventable loss.
Under Indiana’s Wrongful Death Act, a wrongful death is defined as the death of a person caused by the “wrongful act or omission of another person.”
Who Can File a Wrongful Death Lawsuit in Indiana?
Not just anyone can file a wrongful death lawsuit in the state of Indiana. There are two possibilities for who can initiate a lawsuit, and it depends on the victim’s age at the time of their death.
When a wrongful death case involves an adult victim, it must be filed by their personal representative. The personal representative is named in the decedent’s will or appointed by the court.
When a wrongful death claim involves a child, it can be brought by the father and/or mother or a personal representative appointed by the court. A child is defined as an unmarried person without dependents under the age of 20 or a vocational or college student under the age of 23.
How Much Is My Wrongful Death Case Worth?
There are many factors that go into calculating how much money can be awarded in a wrongful death case, including:
- What was the nature of your relationship with the decedent?
- Did you rely on the victim financially?
- Did the decedent have an important role in maintaining the household or raising the family?
- What was the victim’s income?
- How has the decedent’s death affected your ability to live your life?
- What costs have you had because of their medical care and funeral?
The more the victim supported you financially or in the household, the more you can potentially expect to recover through a civil wrongful death action.
What Compensation Can I Recover in My Wrongful Death Case?
Broadly speaking, plaintiffs in a wrongful death lawsuit can request two types of compensatory damages: economic and non-economic.
Economic damages help to offset the objective financial consequences of the decedent’s death, while non-economic damages help the surviving heirs cope with the harder-to-value trauma they experience in the wake of a tragedy.
However, the specific damages that can be awarded in a wrongful death case often depend on:
- The decedent’s marital status at the time of their death
- Whether the decedent was classified as an adult or a child
- The type(s) of heirs that survive the decedent
By weighing these circumstances, courts can determine the scope and nature of damages available to surviving family members.
Damages Available to the Family of an Adult Decedent
When a wrongful death claim involves an adult who died with a surviving spouse, dependent child, and/or other surviving dependents, compensation can be awarded for:
- Lost wages and future financial support
- Loss of love, care, and affection
- Loss of services or loss of parental guidance
- Loss of a child’s companionship and love
Damages for medical expenses, hospital bills, and funeral costs can also be recovered when the decedent died with surviving parents and/or children but no surviving spouse.
Damages Available to the Family of a Child Decedent
When a wrongful death claim involves a child, the parents can recover compensation for:
- The loss of a child’s love and companionship
- Loss of services
- Attorney fees
Unlike most other states, punitive damages are not available in wrongful death litigation.
How Much Does It Cost to Hire a Wrongful Death Attorney?
Our wrongful death lawyers in Indianapolis, IN, offer legal representation on a contingency fee basis.
We won’t get paid unless we’ve won compensation for your wrongful death case. If we don’t win, you will pay nothing.
When we negotiate a favorable settlement or win a verdict for your family at trial, our attorney fees will be deducted from your monetary award. While every case is different, the standard fee ranges between 30 and 40 percent.
We Handle a Wide Range of Wrongful Death Cases
A wrongful death claim can arise anytime a person is killed because of another party’s negligent actions, as a result of criminal conduct, or because of a defective product.
At Wilson Kehoe Winingham Injury Lawyers, we proudly represent families in wrongful death cases involving:
- Car accidents
- Truck accidents
- Bus accidents
- Train accidents
- Motorcycle accidents
- Bicycle accidents
- Workplace accidents
- Construction accidents
- Dog bites
- Nursing home abuse
- Medical malpractice
- Birth injury
- Product liability
- Boating accidents
- Aviation accidents
If you’ve lost someone you love in an avoidable accident, don’t hesitate to contact us for support and advice. We will listen to your story, answer your questions, and help you understand your legal rights and options during this difficult time. If you decide to pursue compensation, we can offer decades of experience and a winning reputation to help you achieve a favorable outcome.
Can Shared Fault Affect an Indiana Wrongful Death Settlement?
Yes. Indiana’s modified comparative negligence doctrine applies to wrongful death cases. In these situations, the decedent’s contributory fault is taken into consideration.
Damages are reduced proportionately to fault up to 50 percent. If the deceased was killed in an accident and assigned 25 percent of the blame for the fatal crash, the damages awarded in a related wrongful death case would be reduced by 25 percent. If that victim were assigned 55 percent of the blame for the deadly crash, the family would not be permitted to recover compensation from another liable party.
It’s common for insurance companies and defense attorneys to blame victims for their injuries – especially when those victims aren’t alive to defend themselves against these tactics. We will be ready to dispute these allegations, protect your family member’s reputation, and limit how much (if any) responsibility they’re assigned for their fatal wounds.
The less liability they share for their wrongful death, the more money you can potentially recover through a legal claim for damages.
How Long Do I Have to File a Wrongful Death Lawsuit in Indiana?
Indiana typically applies a two-year statute of limitations to wrongful death lawsuits. The clock on the statute of limitations starts running on the date of the victim’s passing, which could be after they sustained their fatal wounds.
You must file your wrongful death lawsuit before the filing deadline passes. Once time runs out, you will lose your ability to seek damages from a negligent or otherwise responsible party.
Schedule a Free Consultation With an Experienced Indianapolis Wrongful Death Lawyer
Losing someone you love is never easy, especially when their death is unexpected and premature. You don’t have to struggle with the consequences alone. Trust the award-winning legal team at Wilson Kehoe Winingham Injury Lawyers to fight for you.
Our Indianapolis wrongful death lawyers are top-rated litigators with 120+ years of combined experience handling delicate legal disputes like yours. We’ve helped clients win millions of dollars. Now, we’re ready to stand up and fight for your best interests, too.
Contact our law office in Indianapolis to arrange a free consultation.