Everything You Should Know About Wrongful Death Suits in Indiana
Losing a loved one is a devastating experience, especially when it occurs unexpectedly due to someone else’s preventable negligence. In Indiana, wrongful death claims and lawsuits provide a legal avenue for families to seek justice for their loved ones and compensation to deal with the loss of a breadwinner, household manager, or other valued family member. The Indianapolis personal injury law firm Lee Cossell & Feagley has significant experience in guiding clients through these complex and emotional cases. Read on for important information regarding wrongful death suits in Indiana, and contact our office if you need to speak with an experienced Indianapolis wrongful death attorney.
What Is a Wrongful Death Suit?
A wrongful death suit is a legal action brought when a person’s death is caused by the wrongful act or omission of another. In Indiana, these suits are designed to compensate the deceased’s family or estate for the losses they’ve suffered as a result of the death.
Who Can File a Wrongful Death Suit in Indiana?
Under Indiana law, wrongful death suits can be filed by the personal representative of the deceased’s estate. Any money recovered will go toward reimbursing the estate for hospital or medical bills it paid and providing benefits to surviving family members, including the spouse, children, and others who depended on the deceased for support.
Types of Damages Recoverable
Damages in a wrongful death suit can cover a range of losses, including:
- Medical expenses: Costs incurred for the treatment of the deceased prior to death.
- Funeral and burial expenses: Reasonable expenses related to funeral and burial.
- Lost wages and benefits: Compensation for the income the deceased would have earned had they lived.
- Loss of love and companionship: A monetary value assigned to the emotional loss suffered by the family such as the loss of intimacy with a spouse or the loss to a child of parental guidance and affection.
Time Limits for Filing a Claim
In Indiana, the statute of limitations for wrongful death claims is generally two years from the date of death. However, there can be exceptions depending on specific circumstances. It’s crucial to consult with a knowledgeable attorney to understand these time constraints. It’s important to act quickly so as not to miss critical deadlines and preserve your right to file a claim. Likewise, if you think the statute of limitations has already passed, it might be worthwhile to double-check with an experienced Indiana wrongful death lawyer in case you still have a claim.
Proving Wrongful Death in Indiana
To succeed in a wrongful death suit in Indiana, the plaintiff must prove:
- Duty of Care: The defendant owed a duty of care to the deceased.
- Breach of Duty: The defendant breached that duty through negligence or wrongful act.
- Causation: This breach directly caused the death.
- Damages: The death resulted in quantifiable damages.
Proving these elements requires knowledge and skill from a law firm with the resources and dedication to build a strong case, negotiate an adequate settlement, or litigate the matter in court when needed. Lee Cossell & Feagley, based in Indianapolis, has a strong record of successfully handling wrongful death suits in Indiana. Their approach is compassionate yet assertive, ensuring that families receive the support they need while aggressively pursuing justice on their behalf.
Contact Lee Cossell & Feagley for Help With Wrongful Death Suits in Indiana
Wrongful death suits in Indiana serve as a crucial legal remedy for families seeking justice for their lost loved ones. While no amount of compensation can replace a loved one, achieving a fair settlement can provide financial stability and a sense of closure. With the right legal team, navigating these complex legal waters can be less daunting.
For personalized guidance and representation in wrongful death suits in Indiana, call Lee Cossell & Feagley at 317-631-5151 for a no-cost consultation. Their expertise in the full spectrum of personal injury law in Indiana makes them a formidable ally in seeking justice for your loved one and valuable compensation for your family.