Causes of Wrongful Death in Indiana

Wrongful death can occur in various situations, and understanding the causes of wrongful death is crucial in seeking justice and compensation for your loss. Here are the most common causes of wrongful death in Indiana and cases where we as a law firm have a lot of experience in handling for our clients:

Car accidents

Car accidents have unfortunately become a common cause of wrongful death in Indiana, often resulting in catastrophic injuries or fatalities. Negligent or reckless driving, such as speeding, distracted driving, drunk driving, or other forms of reckless behavior on the road, can cause these types of serious car accidents.

At our law firm, our experienced wrongful death attorneys have a proven track record of handling car accident cases with compassion and skill. We understand the emotional and financial toll that a wrongful death can have on a family, and we are committed to helping you pursue justice and compensation. 

We will listen to your story, analyze your possibilities, and help you gather the evidence needed to prove negligence and get justice.

Medical malpractice

Medical malpractice is another common cause of wrongful death in Indiana. When healthcare providers, including doctors, nurses, and hospitals, fail to provide the standard of care expected of them, and this results in the death of a patient, it may constitute medical malpractice.

This can include errors or negligence in diagnosis, treatment, surgery, medication administration, or other aspects of medical care.

Workplace accidents

If a loved one is killed on the job due to unsafe working conditions, inadequate safety measures, or employer negligence, it may be considered a wrongful death. Indiana has specific laws and regulations, such as the Indiana Worker’s Compensation Act, that provide protection and compensation for workers who are injured or killed on the job. 

Product liability

Defective or dangerous products can also cause wrongful deaths in Indiana. If a defective product causes the death of a consumer, the manufacturer, distributor, or seller of the product may be held liable for wrongful death. 

Indiana follows the principles of product liability, which hold manufacturers and sellers responsible for producing or selling products that are defective or unreasonably dangerous.

Nursing home neglect or abuse

If a loved one dies due to neglect or abuse in a nursing home or long-term care facility, it may give rise to a wrongful death claim. This can include cases of neglect, physical abuse, emotional abuse, financial abuse, and other forms of mistreatment in a nursing home or care facility.

Premises liability

A serious accident that caused an injury on someone else’s property in Bloomington can lead to a reason to file a claim. This is a premises liability claim and occur from a serious dog bite injury, a deck collapse, a slip and fall injury, and many more types of injuries.

Intentional acts

Wrongful death can also occur as a result of intentional acts, such as assault, battery, homicide, or other intentional harm caused by another person. 

These cases may involve criminal charges as well as civil wrongful death claims, and the legal process can be complex and overwhelming. That’s why in these cases it is essential to seek the guidance of an experienced personal injury attorney to navigate through the legal complexities and seek justice for your loved one.

Who Can Sue for Wrongful Death in Bloomington?

The law allows certain individuals to bring a wrongful death claim on behalf of the deceased person’s estate and beneficiaries. According to Indiana Code § 34-23-1-1, the following parties are eligible to file a wrongful death lawsuit:

  1. Surviving spouse: The surviving spouse of the deceased person has the first right to bring a wrongful death claim in Indiana. If the deceased person did not have a surviving spouse, the claim can be brought by the next eligible party.
  2. Dependent children: If the deceased person had surviving dependent children, they may also bring a wrongful death claim. This can include minor children, adult children who were dependent on the deceased person for support, or children with disabilities. Dependent Relatives: If the deceased person did not have a surviving spouse or dependent children, the claim can be brought by other dependent relatives, such as parents, siblings, or other relatives who were dependent on the deceased person for support.
  3. Personal representative: The personal representative of the deceased person’s estate is also eligible to bring a wrongful death claim in Indiana. This is typically an individual appointed by the court to handle the legal affairs of the deceased person’s estate. The personal representative can bring the wrongful death claim on behalf of the estate and distribute any damages awarded to the beneficiaries according to Indiana law.

It’s important to note that Indiana law has specific rules and limitations on who can file a wrongful death claim and when such claims can be filed. Consulting with a wrongful death lawyer in Bloomington can help you understand your rights and options as a potential claimant.

Get the Help You Need: Contact a Bloomington Wrongful Death Lawyer Today

If you believe that your loved one’s death was caused by the negligence or wrongful conduct of others, it’s crucial to seek the help of a qualified and experienced wrongful death lawyer in Bloomington to help you claim the compensation you deserve.

At Christie Farrell Lee & Bell, our team of attorneys has extensive experience in handling wrongful death cases all across Indiana, helping our clients find justice after such a terrible situation. 

We understand the complexities of the law and can provide you with the legal expertise and compassionate support you need during this difficult time. Our attorneys will investigate the circumstances of your loved one’s death, gather evidence, and build a strong case on your behalf to claim for recoverable losses. Contact us today and let us help you recover your losses. We offer a free consultation to hear about your situation and negotiate with insurance companies on your behalf.

Frequently Asked Questions About Wrongful Death Cases in Bloomington

After years of serving people who suffered from the wrongful death of a loved one, we have heard many common questions that arise before filing a lawsuit or negotiating with insurance companies. Here are some of them:

What is the cap on wrongful death damages in Indiana?

In Indiana, there is a cap or limit on the amount of damages that can be awarded in a wrongful death case. According to Indiana Code § 34-23-1-2, the cap on wrongful death damages is currently set at $1,800,000. However, there are exceptions to this cap, such as cases involving medical malpractice or cases where the defendant’s conduct was grossly negligent or intentional. 

Can a sibling file a wrongful death claim in Indiana?

Siblings generally do not have standing to file a wrongful death claim. Only the personal representative of the deceased person’s estate, also known as the executor or administrator, has the legal authority to bring a wrongful death claim on behalf of the estate and the surviving beneficiaries. 

However, siblings may be entitled to a share of the damages awarded in a wrongful death case if they are considered “dependent” siblings, meaning they were financially dependent on the deceased person at the time of their death. It’s important to consult with a lawyer to understand your rights and options as a sibling in a wrongful death case.

What are the typical damages awarded in a wrongful death case in Indiana?

The damages that may be awarded in a wrongful death case can vary depending on the specific circumstances of the case. Generally, damages are meant to compensate the surviving beneficiaries for their losses and can include:

  • Funeral and burial expenses
  • Medical expenses incurred before the person’s death
  • Lost income and financial support that the deceased person would have provided to their beneficiaries
  • Loss of companionship, love, care, and guidance
  • Pain and suffering endured by the deceased person before their death
  • Punitive damages in cases of gross negligence or intentional misconduct

But it’s important to note that Indiana law has limitations on the amount of damages that can be awarded in a wrongful death case, including the cap mentioned earlier. A personal injury lawyer can help you understand the types of damages that may be available in your case and the potential limitations that may apply.

How long do I have to file a wrongful death lawsuit in Bloomington, Indiana?

In Indiana, there is a statute of limitations that sets a deadline for filing a wrongful death lawsuit. According to Indiana Code § 34-23-1-1, the general statute of limitations for wrongful death claims in Indiana is two years from the date of the person’s death. This means that you must file a wrongful death lawsuit within two years of your loved one’s death, or you may lose your right to seek compensation.

However, there are exceptions and certain circumstances that may affect the statute of limitations. For example, if the wrongful death claim involves a government entity or employee, there may be different notice requirements and shorter deadlines for filing a claim. 

Our lawyers that handle these types of cases

Tina M. Bell

Tina M. Bell

Katherine M. Marshall

Katherine M. Marshall