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How Can I Take Action Under Indiana’s Wrongful Death Policy?

Injury Attorneys | Restoring LivesTM

July 21, 2017 | Wrongful Death |

wrongful death

One of the single most difficult things we go through in life is the loss of a loved one. Though we know life is short, it is never easy to deal with the loss. When your loved one’s death is caused by the carelessness or wrongdoing of another, the tragedy can become even harder to process. However, you may have a wrongful death case.

These cases can have the potential to have a massive impact on both your family’s well-being and your financial stability. In addition to the loss of love and affection, many financial expenses come with death, including medical, hospital, funeral and burial, and the lost earnings of your loved one.

Causes of Wrongful Death

There are many different ways in which you can be personally injured by the carelessness of another. A few of the circumstances that are recognized in the state of Indiana as a wrongful death include, but are not limited to:

3 Types of Wrongful Death Cases in Indiana

Here in Indiana, we have three different types of wrongful death cases under the Wrongful Death Act. Each is categorized by you, the person(s) who are directly affected by the passing, and what your relation is to the deceased.

Below are the three potential cases, based on the relationship, and some of the potential damages that may be considered.

Survived by Spouse or Dependent (Child)

  • Loss of Income – The loss of earnings that were previously being brought into the household by your spouse or parent.
  • Loss of Love and Affection – The intangible loss of love and affection that you experience.
  • Loss of Parental Guidance – As a child, losing your parent is an incredibly tragic event. Depending on age, many life lessons may be lost.

No Spouse or Financial Dependent

  • Loss of Love and Affection – Suffered by the parents or adult children of the deceased.

In cases such as these, in which the person who was killed does not have any financial dependents, a maximum of $300,000 can be awarded in the state of Indiana.

Child is Survived by Parent(s)

  • Loss of Love and Affection – Suffered by the parents of the child.

In this case, there is no limit to what the court can award.

Who Can File a Claim?

Each case of wrongful death in Indiana requires a personal representative of the deceased bring the matter to the court. You are a personal representative if you are the spouse, parent, guardian, trustee, attorney, or another legal agent of the person who passed.

Is There a Time Limit?

In Indiana, you must act on your case within two years of the death of your loved one. There are slight variations, depending on what type of wrongdoing occurred. For example, in the case of medical malpractice, you must file your claim two years from the time the alleged act or negligence occurred. In the case of a car accident or a sudden death situation, the claim must be filed within two years of death.

Who Can Help?

If you are living in the Indianapolis area and have been personally and financially affected by the wrongdoing or negligence of another, you are not alone. You have access to a competent, trustworthy, and ethical team of awarded personal injury attorneys that will help you every step of the way.

Contact Wilson, Kehoe & Winingham, LLC. online or at 317.920.6400 for a free case evaluation and the opportunity for life-long support, today.


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