Indianapolis Wrongful Death Lawyers

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When you’re mourning a loved one, calling a lawyer isn’t your top priority. You are likely having trouble just getting out of bed, and the thought of dealing with legal issues seems unimaginable.

Here at WKW, we understand the pain and difficulty you’re facing every day. Through our years of experience in counseling people after a wrongful death, we promise to approach your case with compassion, empathy—and every ounce of energy we can offer.

What Is Considered a Wrongful Death?

Not every unexpected death is a wrongful death. Legally, wrongful death is when somebody is killed by “the wrongful act or omission of another;” in other words, another party’s misconduct or negligence. There are many circumstances in which this can occur, including:

  • Vehicle accidents. If a commercial truck or taxi driver caused a collision in which somebody died, their employer may be held accountable. If a car’s defective parts or a driver’s error led to a death, the automaker or driver may be responsible for compensation.
  • Medical malpractice. If a misdiagnosis, premature release, emergency room error, surgical mistake, anesthesia error, or the wrong prescription leads to a patient’s death, this may be an instance of wrongful death due to medical malpractice.
  • Unsafe construction. When construction in a residence or workplace causes fatal accidents, the builder or property owner may be held responsible.
  • Dangerous products. Machinery must be designed to meet particular safety requirements. A company may be liable for financial damages if its vehicles, power tools, or other product causes death.
  • Premises liability. Property owners could be liable if a visitor or tenant is killed due to a fall, drowning, toxic substance, fire, or other unsafe conditions.
  • Nursing home neglect. An older family member’s death may result from physical abuse, trauma, medication errors, or neglect.

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Frequently Asked Questions

Why Should I File a Wrongful Death Claim?

While nothing can ever bring back your deceased family member, you have a legal right to seek justice and compensation for the wrongful death of a relative. This compensation cannot replace the person you lost, but it will help you begin to move forward.

In addition to providing much-needed financial compensation to your family, filing a wrongful death suit could:

  • Help bring emotional closure in the wake of a deep tragedy
  • Force the at-fault party to take responsibility for their negligence
  • Bring about a change in policies or laws
  • Help protect other families from suffering a similar loss.

What Damages Can I Collect in a Wrongful Death Claim?

In addition to the emotional burden, there are significant financial considerations when a family member dies. Funeral costs can be exorbitant, and if the person who died was the family’s primary earner, their death could throw the grieving family’s future into question. In light of the significant life changes caused by the wrongful death of a loved one, Indiana law allows for the recovery of several types of damages.

Recoverable Damages for Wrongful Death of an Adult

The type and amount of compensation awarded to the relatives of a wrongful death victim depends on the specific circumstances of the case. However, damages generally include:

  • Medical care, treatment, or hospitalization costs
  • Lost wages/income of the person who passed
  • Reasonable funeral and burial expenses
  • Loss of the victim’s love, care, affection, and companionship

Recoverable Damages for a Child’s Wrongful Death

Further complications occur when your beloved child is the victim of a wrongful death. Under Indiana law, these damages may include:

  • Loss of child’s services
  • Loss of child’s love and companionship
  • Healthcare expenses and hospitalization costs
  • Child’s funeral and burial costs
  • Psychiatric services for surviving family members
  • Uninsured debts of the child
  • Administration of child’s estate

Damage Caps on Indiana Wrongful Death Settlements

Unmarried individuals without dependents may receive up to $300,000 in an Indiana wrongful death suit for the loss of the victim’s love, care, and companionship. However, there is no cap for unmarried victims under age 18 or under age 23 if they were attending school. There is no cap for the wrongful death of married victims or victims who had dependent next of kin. Speak with our attorneys at WKW to determine the rules and regulations that apply to your case.

How Much Does a Wrongful Death Lawyer Cost?

We don’t want to add to your burdens at this difficult time. Our firm works on a contingency fee basis, meaning we only collect fees for our services once we have secured a settlement for you. If we succeed in your case, we will be paid a percentage of the winnings. If we do not recover compensation, you won’t owe us anything.

How Can an Indianapolis Wrongful Death Attorney Help?

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. The statute of limitations for a wrongful death lawsuit in Indiana is two years from the date of death, so you will need to act quickly. Our attorneys can guide you on the best practices for gathering evidence.

The Indianapolis wrongful death lawyers at Wilson Kehoe Winingham can help you by:

  • Determining fault. Liable parties may include more than one negligent individual or group, including a property owner or government entity. We work to identify all liable parties that caused your loved one’s death. Case investigation can take time, but we are proud of our efficient methods.
  • Gathering evidence. We search through police reports, phone records, eyewitness statements, and testimonies of experts in the field to determine whether the death was caused by negligence, recklessness, or carelessness.
  • Ensuring sufficient compensation. The first thing we do in a wrongful death case is to file a claim with the liable party’s insurance company. In addition to economic damages, we calculate the loss of companionship brought upon you and your family.
  • Dealing with insurance companies. The liable party’s insurance company may offer minimal compensation and pressure you to accept. We can help you to take legal action to ensure you receive full and fair compensation.
  • Representing you at trial. Our team at WKW has no hesitation about fighting your case in court and has taken many wrongful death suits to trial in the past. We handle all the paperwork and fight to get you the compensation you deserve.

Contact Our Indianapolis Wrongful Death Attorneys Today

If you’ve faced emotional or financial losses after a death caused by someone else’s negligence, we can help. Contact the attorneys at Wilson Kehoe Winingham today at (317) 920-6400 or fill out our online form for a no-obligation, free consultation.


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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

Located In Indianapolis
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