Wrongful Death

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The loss of a beloved family member is one of the most difficult things a person can experience. The tragedy can feel even worse when it is the result of another party’s actions or negligence. If that is the case, the death can be labeled as wrongful death. Family members can hold an individual or a company responsible and possibly seek compensation.

What Is Considered a Wrongful Death

Not every death is a wrongful death. Legally, a wrongful death is when somebody dies due to the misconduct or negligence of another party. There are many circumstances in which this can occur. These include:

  • Car accidents: If a car had defective parts that led to a death, the automobile company may be responsible for providing compensation. If a commercial truck or taxi driver causes a collision in which somebody dies, the employer may be held accountable.
  • Emergency room medical malpractice: When an injured person is brought into the emergency room, their life can depend on a medical professional taking the appropriate action immediately. Sometimes, a doctor may fail to do so, not adhering to the agreed upon standard of care for a person in the patient’s condition. If a misdiagnosis, premature release, surgical mistakes, or the wrong prescription leads a patient to die, this may be an instance of wrongful death due to medical malpractice.
  • Anesthesia malpractice: Administering anesthesia can go wrong if the anesthesiologist fails to properly perform their job. A fatal dose of anesthetic can be grounds for a wrongful death case.
  • Unsafe construction: Unsafe building construction, either in a residence or workplace, can cause fatal accidents. The builder or property owner may be held responsible.
  • Dangerous product design: Dangerous machinery must be designed to particular codes of safety. If a company fails to do so and their product, such as a vehicle or power tool, causes death, they may be liable for the financial damages for products liability.

What to Do if a Loved One is a Victim of Wrongful Death

Beginning the process of moving forward after a loved one’s death is difficult. As hard as it may be, relatives of wrongful death victims should gather any evidence that would support a wrongful death case. Proof that a death is deemed wrongful can include recklessness, carelessness, or negligence by the defendant. Contact the attorneys at Wilson Kehoe Winingham with questions on required evidence and steps to move forward with a wrongful death lawsuit.

Types of Compensation

Compensation for family members of wrongful death victims can be awarded in different ways. Types of compensation include:

  • Medical bills including expenses for care, treatment, or hospitalization
  • Loss of wages/income of person who died
  • Physical pain and suffering of the victim and/or relatives
  • Emotional distress to the victim or relatives
  • Punitive damages
  • Reasonable funeral expenses

Damages or compensation awarded to a relatives of wrongful death victims can depend on circumstances in which wrongful death occurred. Economic damages refer to compensation for medical bills or loss of income. If projected loss of income can be proven, you may be awarded for future loss of wages. Non-economic damages can be defined as any emotional distress, pain, or suffering by the victim and/or loss of the victim and to the relatives. In addition, punitive damages may be compensated to the victim’s relatives as punishment to the defendant or person responsible for the death.

Filing a Wrongful Death Lawsuit

In cases where the death of your loved one was the result of another person’s negligence or wrongdoing, you may be able to file a wrongful death lawsuit. Winning a wrongful death lawsuit can bring emotional closure to you and your family in the wake of a deep tragedy.

In addition to the emotional burden, there are financial considerations when a family member dies. Funeral costs can be high, and if the person who died was a primary earner in the family, their death can throw a grieving family’s financial future into question.

Though a lawsuit cannot bring your loved one back, wrongful death lawsuits can provide much needed financial compensation to your family. It may also result in a change of policies or laws, protecting other families from suffering the loss of a loved one.

Statute of Limitations

The deadline for filing a wrongful death lawsuit in the state of Indiana is two years from the date of death.

Contact a Wrongful Death Attorney Today

The law protects people who have lost a loved one due to the wrongful acts or negligence of another party. If your loved one has been killed because of someone else’s negligence, you are urged to contact an Indianapolis wrongful death lawyer from Wilson Kehoe Winingham. The personal injury lawyers at WKW can help you and your family get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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Let WKW put our experience to work for you. Contact us for your free case evaluation.

Or, call us today at (317) 920-6400

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