Evansville Wrongful Death Lawyers

What Is Considered Wrongful Death and Why Should You Make a Claim?

Wrongful death occurs when the life of a person is taken away due to the negligence, recklessness, or intentional misconduct of another party. 

In Indiana, the law provides surviving family members with the legal right to hold the at-fault party accountable and seek compensation for the damages they have suffered as a result of the loss of their loved one (Indiana Code § 34-23-1-2).

Making a wrongful death claim is not only about seeking justice but also about protecting the rights and well-being of the surviving family. It sends a clear message that such negligent or wrongful actions will not be tolerated, and it may prevent similar incidents from happening to others in the future. 

Moreover, a wrongful death claim can provide much-needed financial compensation to cover the overwhelming costs and emotional damages resulting from the accident.

Damages You Can Claim in a Wrongful Death Lawsuit

The damages that can be claimed in a wrongful death lawsuit in Indiana can encompass various aspects of the losses suffered by the surviving family members, including:

• Economic damages: These are related to the financial losses incurred by the surviving family members as a result of the wrongful death. It may encompass medical expenses, funeral, and burial expenses, lost wages and benefits, and other expenses arising from the incident. 
• Non-economic damages: In such extreme situations, money is important but it’s not all of what matters, because the emotional damage can be way more painful and impacting than the expenses. That’s why you can claim compensation for the loss of companionship, guidance, support, consortium, and the emotional distress caused by the wrongful death. 

Non-economic damages recognize that the impact of losing a loved one goes beyond financial losses and encompasses the immeasurable emotional toll it takes on the family

• Punitive damages: In certain cases where the wrongful death was caused by the intentional or reckless conduct of the at-fault party, the court may award punitive damages. These damages are meant to punish the wrongdoer and deter others from engaging in similar misconduct in the future.

How you can Prove Negligence

Establishing a wrongful death claim requires proving that the death was caused by the negligence or wrongful act of another party. This necessitates demonstrating the following elements:

Duty of care

The at-fault party owed a legal duty of care to the deceased person. For example, a truck driver must operate their vehicle safely and obey trucking laws in Indiana, a healthcare provider has to provide competent and appropriate medical care, and a property owner has to maintain safe premises.

Breach of duty

The at-fault party breached their duty of care by acting negligently, recklessly, or intentionally. For instance, a driver was texting while driving, a healthcare provider failed to follow standard medical protocols, or a property owner neglected to address hazardous conditions.

Causation

It must be established that the breach of duty directly caused or contributed to the death of the individual. This requires demonstrating a causal link between the at-fault party’s actions or omissions and the fatal injuries sustained by the victim.

Damages

Finally, it must be shown that the wrongful death has resulted in damages to the surviving family members, such as financial losses, emotional distress, and other compensable harms.

Most Common Causes of Wrongful Death

Wrongful death cases often stem from tragic accidents that could have been avoided if not for someone else’s negligence or recklessness. In our experience, the most common causes of wrongful death include a variety of situations in which the responsible party’s actions—or lack thereof—lead to the death of another person. 

The most common causes of wrongful death in Evansville include:

• Medical malpractice: Healthcare providers may cause a patient’s death through negligent errors like misdiagnosis, surgical mistakes, or improper medication.
• Product liability: Products with poor design, manufacturing defects, or lack of proper safety warnings can cause fatal injuries, making manufacturers liable.
• Premises liability: Property owners can be held accountable for fatalities caused by unsafe conditions, such as faulty structures or hazardous environments.
• Car accidents: Fatal car accidents that result from reckless driving behaviors (such as speeding, distracted driving, or driving under the influence) qualify as wrongful death.
• Workplace accidents: Deaths occurring due to unsafe working conditions, failure to follow safety protocols, or other accidents on the job.

Each of these cases requires a thorough investigation to establish liability. Our lawyers work to assess the specifics of your case and gather evidence to identify the responsible parties, determine liability, and hold them accountable for the death.

Time Limit to File a Wrongful Death Claim in Evansville

In Indiana, the statute of limitations for filing a wrongful death claim is generally two years from the date of death, as outlined in Indiana Code § 34-11-2-4. This two-year window begins on the day the death occurs, and it’s critical to take action within this period. Missing the deadline will likely result in losing your legal right to pursue compensation, regardless of how strong the case might have been.

While two years might seem like ample time, wrongful death cases are often complex. They require thorough investigation, collection of evidence, and building a strong legal strategy. The sooner you begin, the better your chances of gathering key evidence while it’s still fresh and securing witness statements before memories fade. Additionally, in some situations, multiple parties may be involved in the claim, further complicating the process and requiring additional time for proper legal action.

Who Gets the Money in a Wrongful Death Case?

When a catastrophic injury results in the death of a loved one, certain family members are eligible to file a wrongful death claim to seek justice and compensation for their loss.

Here’s who can file a wrongful death claim in Indiana:

• The spouse: A surviving spouse has the legal right to file a wrongful death claim. The claim can cover both economic damages, like lost wages and medical bills, as well as non-economic damages, like loss of companionship and emotional suffering.
• Children: If the deceased leaves behind children, whether they are minors or adults, they also have the right to file a wrongful death claim. This can include biological, adopted, or stepchildren who relied on the deceased for financial support or emotional care.
• Parents: If the deceased was a minor child or had no spouse or children, the parents of the deceased may be eligible to pursue a wrongful death claim. This allows them to seek compensation for the loss of their child, including burial expenses and emotional damages.
• Personal representative of the estate: In cases where no immediate family members are eligible, or if the claim is filed on behalf of the deceased’s estate, a personal representative (executor or administrator) may file the wrongful death claim. The compensation received can be used to settle outstanding debts, medical expenses, and funeral costs, with any remaining funds distributed to beneficiaries.

The compensation in a wrongful death claim can cover a wide range of damages, including medical expenses incurred before death, funeral and burial costs, loss of financial support, and the pain and suffering experienced by surviving family members. However, if you are unsure about the validity of your claim, we invite you to discuss your case in a free initial consultation with a local wrongful death attorney.

Frequently Asked Questions About Wrongful Death Cases:

Losing someone you love due to wrongful death is a devastating experience, and it is natural to have questions about the legal process of pursuing a wrongful death claim. 

Here are some frequently asked questions we hear from our clients with similar cases:

How much can you sue for wrongful death in Evansville?

The amount of compensation that can be sought in a wrongful death lawsuit depends on various factors, including the specific circumstances of the case, the damages suffered by the surviving family members, and the applicable laws and regulations. 

Indiana follows a “two-tier” system when it comes to wrongful death damages, which includes both economic and non-economic damages.

Who can sue for wrongful death in Indiana?

In Indiana, the right to bring a wrongful death lawsuit is limited to certain individuals who are considered “statutory beneficiaries” under the Indiana Wrongful Death Act. These statutory beneficiaries include:

• Surviving spouse
• Children
• Dependent next of kin

Our team of wrongful death lawyers in Evansville is here to provide you with tenacious and honest legal representation. We understand the pain and suffering you are going through, and we are committed to helping you navigate the legal process to pursue the justice you deserve.

Contact us today and we will hear your case in a free consultation to help you understand your options.

Our lawyers that handle these types of cases

Tina M. Bell

Katherine M. Marshall