Wrongful Death Laws in Indiana
Call (800) 863-5312 to Speak with Wrongful Death Lawyers for Free
Losing a loved one suddenly is devastating, especially when it was caused by the negligence of another person. Although nothing can fully compensate you for your loss, pursuing a wrongful death claim may help you recover monetary damages for hospital bills, funeral expenses, loss of income and benefits, pain and suffering, and more.
At Zinda Law Group, our legal team has handled numerous wrongful death cases across the country and helped our clients seek the justice and compensation they deserved. We are here to assist you through this difficult time, and as our client, you will pay nothing unless we win your case. That’s our No Fee Guarantee.
What Is a Wrongful Death Lawsuit in Indiana?
When a death is caused by another’s wrongful act or omission, a family can be left with unexpected emotional and financial burdens that can take years to overcome.
In Indiana, a wrongful death lawsuit may be brought if the decedent would have been entitled to bring a claim for injuries from the incident, had they survived. The act that occurred could be an outright wrongful act, or it could also be an act of neglect or default.
Who May File a Wrongful Death Claim in Indiana?
Only the personal representative of the decedent may bring a wrongful death claim in Indiana. However, the surviving spouse, dependent child, or other dependent next of kin may share in some of the awarded damages that the personal representative recovers.
If the personal representative and other surviving loved ones are in agreement to file a wrongful death suit, then there will likely be no issues relating to this division of roles.
However, even if this is not the case, it may still be possible to file a wrongful death claim if the general administrator of the estate has not agreed to do so. For instance, the probate court can appoint a special administrator for the sole purpose of filing a wrongful death action.
What Damages Are Available in an Indiana Wrongful Death Claim?
In Indiana, economic damages that can potentially be awarded in a wrongful death claim are separated into two categories based on who the recipient is.
Damages relating to medical, hospital, funeral, and burial expenses may be awarded to the decedent’s estate for the payment of those expenses. Damages relating to the lost earnings of the
decedent may be awarded to the surviving spouse, dependent children, or any other dependent next of kin of the decedent.
Additionally, a surviving spouse, dependent child, or other dependent next of kin may see recovery for any emotional damages that they have suffered. These damages include any loss of care, love, and affection that the surviving loved ones have suffered.
How Long Do I Have to File a Wrongful Death Claim in Indiana?
The statute of limitations for a wrongful death claim is two years in Indiana. Although this may seem like a long time, finding a lawyer sooner rather than later will likely help you have a stronger case.
Evidence can fade over time as memories fade or paperwork goes missing. To avoid these possibilities, it is important to start the legal process as soon as is reasonably possible after your loved one passes away.
The grieving process is long and stressful, but having to deal with financial difficulties on top of that will likely only add to your burdens. Starting the legal process early will allow you to focus solely on healing emotionally and worry less about financial difficulties stemming from the death of your loved one.
Get Help from Our Wrongful Death Lawyers
At Zinda Law Group, our wrongful death attorneys have helped thousands get their lives back on track after an accident. We have the knowledge and resources necessary to help you seek maximum compensation for your loss.
Our firm also believes that you should never have to worry about their ability to afford excellent legal representation while grieving. That is why we offer 100% free consultations and why you will pay nothing unless we achieve a favorable settlement, judgment, or verdict for your personal injury case. That’s our No Fee Guarantee.
Meetings with attorneys are available by appointment only.