Updated February 21, 2020

What Is Wrongful Death?

In the state of Indiana, the wrongful death statute applies when a person’s cause of death involved misconduct or negligence on behalf of another person or entity. Wrongful death cases may arise from various causes of death.

These types of cases are civil lawsuits. The purpose of a civil lawsuit is to seek monetary compensation rather than to prosecute anyone. Criminal charges may be filed after, before, or at the same time as a wrongful death lawsuit, but they’re separate from a wrongful death charge and have no effect on its outcome. For example, if a drunk driver was responsible for a fatal crash in Indiana, they can be charged with both wrongful death and vehicular manslaughter.

What is Compensation in Wrongful Death?

Recoverable damages for wrongful death in Indiana depend on a number of factors: Things like earning capacity, life expectancy, health, and character might all be taken into account when determining damage amounts. A victim’s family may recover damages related to the following:

  • Funeral and burial expenses
  • Medical expenses
  • Legal fees (with a cap of $300,000)
  • Loss of support and inheritance

For adult victims who had dependents or a spouse, it can be possible to recover lost wages and benefits. When a child is a victim of wrongful death, families may seek compensation for pain and suffering.

Contact a Wrongful Death Attorney Today

When hiring an attorney for wrongful death, be sure to find a lawyer who has dealt with wrongful death lawsuits. It’s also important that the attorney has practiced in the state the death occurred. Each state has varying definitions of wrongful death as well as different statute of limitations for filing a wrongful death claim.

If your loved one has died as a result of negligence, you are urged to 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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