Updated February 20, 2020

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

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 wellbeing and your financial stability. In addition to the loss of love and affection, many financial expenses come with death, including medical, hospital, funeral, burial, and the lost earnings of your loved one.

What are the 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 the following:

  • Car accidents
  • Medical malpractice
  • Unsafe Product Design
  • Unstable Construction

What are the Three Types of Wrongful Death Cases?

Here in Indiana, we have three different types of wrongful death cases under the Wrongful Death Act. Each is categorized by you, the person who is 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)

In this case, the following damages may be considered:

  • 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

In this case, the following damages may be considered:

  • 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)

In this case, the following damages may be considered:

  • 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 else can File a Claim?

Each case of wrongful death in Indiana requires that 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.

Are there any Time Limits?

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.

Contact a Wrongful Death Attorney Today

If your loved one has died as a result of negligence, contact an Indianapolis wrongful death lawyer from Wilson Kehoe Winingham. The lawyers at WKW can help you 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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