Indianapolis Wrongful Death Attorney
Under Indiana law, when an adult or child is killed due to the wrongful act or omission of another, it is considered a wrongful death. The loss of a loved one is always devastating, but it is particularly tragic when your loved one is killed due to the negligent or wrongful actions of another. The survivors of wrongful death victims are often left wholly unprepared for the loss of their loved one, and may suffer financially as a well as emotionally.
A personal representative or parent of a deceased child can bring a claim against the negligent party for their loved one’s wrongful death. In a wrongful death suit, the plaintiffs can recover medical and hospital expenses, funeral and burial costs, loss of the victim’s earnings, and more.
At the Ward & Ward Law Firm, we seek to assist the relatives and personal representatives of those killed due to the negligence of others in obtaining the compensation they deserve. Though we can never bring back your loved one; we can ensure justice is served.
Who Can Bring a Wrongful Death Action in Indiana?
Indiana law separates actions brought on behalf of adult and child victims. If the victim was an adult, a wrongful death claim must be brought through the personal representative of the estate. The proceeds from the action will go to the surviving beneficiaries and heirs, which will generally include the spouse, dependent children, and dependent next of kin.
If the victim was a child, defined as one under the age of 20 or under the age of 23 and still in school, the claim is instead brought by a parent or guardian. Either married parent may bring the claim, but if brought singly the other parent must be joined. If the parents are divorced, the claim can be filed individually by the custodial parent.
What Can be Recovered in an Indiana Wrongful Death Action?
In any wrongful death action, the personal representative or parents of a deceased child can generally recover for:
• Medical and hospital expenses
• Funeral expenses
• Burial expenses
• Costs associated with bringing the wrongful death action
Surviving spouses, dependent children, or next of kin may additionally seek to recover for the loss of the victim’s financial support and earnings.
A surviving spouse may seek a loss of consortium recovery. The surviving spouse will recover for the loss of love, care, services, and affection of the deceased spouse. A surviving child can seek to recover for the loss of their parent’s love, care, guidance, and affection.
If the victim was a child, the parents can additionally seek to recover for the loss of the child’s services and love and companionship. Wrongful death compensation may include costs of mental health counseling as required by surviving parents or siblings of the deceased child.
Act Quickly to Preserve Your Legal Rights
Generally, a person pursuing a wrongful death action will have two years from the date of the victim’s death to either settle or file the lawsuit. As such, it is important you retain the assistance of an attorney as soon as possible after the death of your loved one in order to preserve your legal rights.
Exemplary Indiana Wrongful Death Attorneys
The Indianapolis Wrongful Death Attorneys at the Ward & Ward Law Firm understand that no amount of money will bring back your lost loved one. Our goal is to uncover the reason behind your loved one’s death and hold the responsible individual or corporation accountable. Through a successful wrongful death claim, we can also lessen the financial impact of your loss by ensuring you receive the compensation you are entitled to in accordance with the law.
Our compassionate attorneys seek to represent you with dedication and integrity. Call us today at (317) 639-9501 to schedule your free consultation.