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When you’re mourning a loved one, it’s unlikely that calling a lawyer will be your top priority. You are likely having trouble just getting out of bed, meaning the thought of dealing with legal issues probably seems unimaginable.
Here at WKW, we understand the pain you may be suffering from and the difficulty you may be facing every day. Through our years of experience in counseling people in your position, we promise that we will approach your case with compassion, empathy, and every ounce of energy we can offer. You deserve compensation for the loss of your loved one. This compensation cannot replace the person you lost, but it will help you begin to move forward.
Not every death is a wrongful death. Legally, wrongful death is when somebody dies due to the misconduct or negligence of another party. There are many circumstances in which this can occur, including:
There are many reasons why wrongful death can occur. Some of the most frequent are listed below:
Wrongful death occurs far more frequently than most people realize. WKW can handle a wide variety of cases and is here to serve you through the entire legal process.
We recognize that this is a time of mourning, but it is important for relatives of the deceased to start gathering evidence as soon as possible. You can prove death was wrongful if it was caused by negligence, such as recklessness or carelessness. Our attorneys at WKW can guide you on the best practices for gathering evidence.
Every state has its own laws pertaining to wrongful death.
Indiana Code 34-23-1-1 states, “When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission.”
You should contact a lawyer if you’ve faced emotional or financial losses after a wrongful death that was due to someone else’s negligence. Nothing can ever bring back your deceased loved one, but Indiana law allows you to seek compensation for loss of love and affection. A lawsuit has the capability to bring you back to the financial status you had before your loss.
Investigating your case can take time, but we are proud of our incredibly efficient methods. Our goal is to identify liable parties that caused your loved one’s death. Liable parties may include more than just one negligent individual or group. It could also include a property owner or even a government entity.
We are experts when it comes to gathering evidence about a potentially liable party. We search through police reports, phone records, eyewitness statements, and testimonies of experts in the field to determine negligence.
The first thing we do in a wrongful death case is to file insurance claims with the liable party’s insurance company. In addition to this, we calculate the loss of companionship that has been brought upon you and your family.
It is important to begin a wrongful death case by making insurance claims against the liable parties. But sometimes, the liable party is uninsured or underinsured. Don’t ever take an insurance company’s initial offer. We can help you to take legal action to ensure you receive the full and fair compensation you deserve.
Our team at WKW has no hesitation when it comes to fighting your case in court. We are litigation experts, and we have taken many wrongful death suits to court in the past. Not only will we handle all of the paperwork, we will also fight to get you the compensation you deserve.
Successful wrongful death claims are always built on proof of negligence. Not only does your loved one need to have passed, but you also need to prove negligence that supports your claim. This can include a few different types of proof.
In some wrongful death cases, success depends on the inclusion of a police report. The police report could state who was at fault, which is vital in vehicular accident cases.
Witness statements can make all the difference to the success of a case. Witnesses can help clarify statements from both the at-fault and deceased parties.
There are cases when the victim received medical treatment before they passed. Make sure to keep track of emergency room and hospital visits.
Pictures of the accident scene and any injuries sustained can help to clarify what actually occurred.
Nearby businesses or traffic lights may provide access to video footage of the accident. Lawyers at our firm know the best possible ways to access such footage.
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 help bring emotional closure to you and your family in the wake of a deep tragedy.
In addition to the emotional burden, there are also financial considerations when a family member dies. Funeral costs can be expensive, and if the person who died was the family’s primary earner, their death can throw their grieving family’s financial future into question.
Although 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, thus helping to protect other families from suffering a similar loss.
Moving forward after the death of a loved one is one of the most difficult things any person will ever do. But working to move on shouldn’t stop the victim’s loved ones from obtaining evidence that supports a wrongful death case.
Insurance companies are always looking to make a lowball offer. Never take their initial offer, and never give them a statement without talking to a lawyer first.
The state of limitations for a wrongful death lawsuit in the state of Indiana is two years from the date of death.
Compensation for family members of wrongful death victims can be awarded in different ways. Types of compensation may include:
The types and amount of damages or compensation awarded to the relatives of a wrongful death victim will depend on the specific circumstances in which the wrongful death occurred.
Economic damages refer to compensation for things like medical bills or loss of income. If projected loss of income can be proven, you may also be awarded for future lost wages.
Non-economic damages can be awarded as compensation for things like emotional distress, loss of companionship, or pain and suffering. Non-economic damages are generally not as easily quantifiable as economic damages.
In addition, in especially egregious cases, punitive damages may be awarded to the victim’s family as punishment for the defendant or at fault-party.
Further complications can occur when the victim of a wrongful death case is a child. Under Indiana law, these damages may include:
Speak with our attorneys at WKW to determine the rules and regulations about the loss of your beloved child.
In cases where the person who died was married and/or had children, the family may recover medical, hospital, funeral, and burial expenses, along with lost earnings. There may also be punitive damages awarded up to $50,000.
Unmarried individuals without dependents may receive up to $300,000 in a wrongful death suit. There is no cap for those under age 23 in Indiana.
The law protects people who have lost a loved one due to the illegal acts or negligence of another party. If your loved one has been killed because of someone else’s negligence, we urge you to contact our Indianapolis wrongful death lawyers at 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 our online contact form today for a free, no-obligation case evaluation.
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