Injured in an Accident? Our Crown Point Wrongful Death Attorney Can Help to Claim Compensation

If tragedy has struck due to an accident in Crown Point, our wrongful death lawyers stand ready to assist you through this harrowing time. The loss of a loved one is an immeasurable hardship, and while no amount of compensation can fill the void left behind, it can provide a measure of justice and financial stability for the future.

Our legal team is adept at navigating Indiana’s wrongful death statutes and can guide you in filing a claim to secure the compensation that honors your loved one’s life. We’re here to shoulder the burden of legal proceedings, allowing you the space to grieve and honor their memory.

What is a Wrongful Death Claim?

The state Indiana Code §§ 34-23-1, regulations outline wrongful death as a situation that arises due to the “wrongful act or failure to act” of another individual or entity. A variety of incidents can serve as the foundation for a wrongful death legal action, which include:

  • Incident rooted in negligence
  • Cases of medical malpractice
  • Intentional act (which includes a criminal offense)

This type of claim is intended to seek compensation to the survivor’s family for their loss, providing some financial relief in this difficult time.

Who can File a Wrongful Death Claim in Crown Point?

The state Indiana Code §§ 34-23-1-2If the death of an adult person is caused by the wrongful act or omission of another person, only the personal representative of the adult person may maintain an action against the person whose wrongful act or omission caused the death of the adult person.

How Long Do You Have to File a Wrongful Death Claim?

Similar to other cases of personal injury, the submission of wrongful death claims is subject to a specific timeframe designated by a legal provision known as a “statute of limitations.” In Indiana, the statutory window for filing a wrongful death lawsuit is two years from the date of the victim’s passing.

Negligence Causes of Wrongful Deaths

In legal terms, negligence is defined as the failure to take proper care in doing something, leading to damage or injury to another person. When such failure results in a fatality, it constitutes a wrongful death, elevating the legal implications and the need for accountability. Indiana law provides explicit directives on what is considered negligence in the context of wrongful deaths, ensuring clarity and a basis for legal action. The scope can include a variety of situations, such as:

  • Reckless or distracted driving that leads to a fatal accident.
  • Medical malpractice where the standard of care is not met, resulting in a patient’s death.
  • Product liability, where the use of a defective product results in loss of life.
  • Workplace accidents due to unsafe conditions or negligence
  • Construction accidents caused by negligence in following safety protocols
  • Nursing home neglect or abuse leading to the death of a resident
  • Premises liability incidents such as slip and fall accidents resulting in a fatal injury

Damages You Can Recover After a Wrongful Death

At this difficult time, the financial implications of your loss can naturally become a concern. In such a scenario, our lawyers are here to stand for your rights and help you calculate the right amount of compensation you must claim.

What type of Damages can be Recovered?

In Indiana, the types of damages that can be recovered in a wrongful death case include, but are not limited to:

  • Medical expenses: Costs incurred for the medical care of the deceased prior to their passing.
  • Funeral and burial costs: Reasonable expenses related to funeral services and burial.
  • Lost wages and benefits: The earnings and benefits that the deceased would have provided had they lived.
  • Loss of love and companionship: Compensation for the emotional loss suffered by the surviving family members.
  • Loss of parental guidance: If the deceased has left behind children, they may be awarded damages for the loss of parental care and instruction.

How are Damages Calculated in a Wrongful Death Case?

Calculating damages in a wrongful death case is a complex process that takes into account various factors:

  • Economic damages: These are calculated based on tangible losses such as the deceased’s past and future expected earnings, the benefits they would have accrued, and the costs of medical and funeral services.
  • Non-economic damages: These are more subjective and include compensation for the loss of companionship, affection, and parental guidance.
  • Punitive damages: In cases where the defendant’s conduct was particularly egregious, punitive damages may be awarded as a means to punish the wrongdoer and deter similar conduct in the future.

The Process of Filing a Wrongful Death Claim in Indiana

In Crown Point, the process of filing a wrongful death claim is structured to be as clear and supportive as possible. Our role is to guide you through each step with professionalism and care, ensuring that you understand your rights and the course of action at every step.

Step 1: Consultation with a Lawyer

The first step in pursuing a wrongful death claim is to consult with a lawyer who specializes in this area of law.

During this initial meeting, you will discuss the circumstances of your case, and the attorney will provide you with an understanding of your legal options.

Step 2: Investigation and Filing the Claim

Once you decide to proceed, your lawyer will conduct a thorough investigation into the wrongful death. This involves collecting evidence, interviewing witnesses, and consulting with experts when necessary.

Step 3: Negotiation and Settlement or Trial

After the claim is filed, the next phase is negotiation. Your lawyer will engage with the defendant’s legal team and insurance companies to reach a fair settlement. If this happens, your lawyer will represent you in court, presenting your case before a judge or jury.

Why You Need a Crown Point Wrongful Death Lawyer

In the wake of a wrongful death, the path to legal resolution is fraught with complexities and emotional challenges. Having a Crown Point wrongful death lawyer by your side is not just a legal advantage—it’s a source of support and guidance when you need it most.

Contact us to talk to a personal injury attorney in Crown Point who can help you understand your rights and represent you in court.

Our lawyers that handle these types of cases

Tina M. Bell

Tina M. Bell

Katherine M. Marshall

Katherine M. Marshall