Understanding Compensation in Wrongful Death Claims

Under Indiana’s wrongful death statutes in Indiana Code § 34-23, families are given the opportunity to seek financial compensation to help alleviate some of the burdens they face as a result of their loss. 

This compensation can cover a variety of damages according to the case and may include some of the ones listed below.

Medical Expenses and Funeral Costs

Indiana law allows for the recovery of medical expenses incurred prior to the deceased’s death, as well as reasonable funeral and burial expenses.  These costs can quickly accumulate, placing a significant financial burden on the surviving family members. 

A successful wrongful death claim can help alleviate this burden and provide financial relief during a challenging time.

Lost Wages and Future Earnings

The untimely death of a loved one often results in the loss of a primary breadwinner for the family. As per Indiana Code § 34-23-1-2, Indiana wrongful death law allows for the recovery of the deceased’s lost wages and the future earnings they would have provided if they had lived. This compensation can help secure the financial future of the surviving family members and ease the strain caused by the unexpected loss of income.

Pain and Suffering and Loss of Consortium

In addition to the tangible financial losses, family members can also seek compensation for the pain and suffering experienced by the deceased before their death, as well as the loss of companionship and support they provided to their family, under Indiana’s wrongful death statutes. These non-economic damages can offer a sense of justice and acknowledgment of the profound emotional impact the loss has had on the family.

Punitive Damages

In cases involving intentional or particularly egregious conduct, Indiana law allows for the possibility of awarding punitive damages to punish the wrongdoer and deter similar behavior in the future. 

For instance, in cases of medical malpractice where a healthcare provider’s actions are found to be grossly negligent or intentionally harmful, punitive damages may be pursued. While punitive damages are not always awarded in wrongful death cases, their potential inclusion underscores the importance of having experienced legal representation to advocate for the full extent of damages that may be available to the surviving family members.

While no amount of money can ever truly compensate for the loss of a loved one, pursuing a wrongful death claim under Indiana law can provide a sense of justice and closure. 

Additionally, the financial support from a successful claim can help ease the immediate and long-term financial strain that often accompanies such a loss, allowing families to focus on healing and remembering their loved one.

Proving Medical Negligence in Wrongful Death Cases in Gary

Negligence, whether medical or from a healthcare provider, is a common cause of wrongful death. Establishing negligence involves demonstrating that the responsible party had a duty to provide a certain standard of care, breached that duty, and caused the victim’s death as a result. For example, in car accident cases, negligence could involve a driver failing to obey traffic laws or driving recklessly, leading to a fatal accident. In medical negligence cases, a healthcare provider’s failure to meet the appropriate standard of care may result in a patient’s death.

Proving negligence in wrongful death cases requires a thorough investigation of the circumstances surrounding the incident, relevant records, expert testimony, and an understanding of the applicable laws and standards of care. 

Our team of personal injury lawyers at Christie Farrell Lee & Bell have the resources and knowledge to build a strong case on your behalf, no matter the cause of your loved one’s wrongful death.

How a Personal Injury Lawyer Can Help You

Losing a loved one due to another’s negligence is an emotionally devastating experience. During such a difficult time, it’s crucial to have a compassionate and experienced personal injury lawyer on your side who can guide you through the legal process and advocate for your best interests. Here’s how our team can help you:

In-Depth Knowledge of Indiana Law

Our attorneys are well-versed in the intricacies of Indiana’s wrongful death statutes, which allows them to effectively apply the law to your unique circumstances and develop a strategic approach for your case. 

Under Indiana Code, the amount of compensation you may be awarded in a wrongful death case can vary depending on the specifics of your situation, and we will work diligently to maximize your potential recovery as much as the law allows it.

Thorough Case Investigation

We understand the importance of a solid foundation for your claim. 

Our legal team will conduct a comprehensive investigation, collect critical evidence, interview witnesses, and collaborate with experts to establish the defendant’s negligence and its connection to your loved one’s death.

Accurate Assessment of Damages

Determining the full extent of your losses is crucial for obtaining the appropriate compensation. Our attorneys will consider all aspects of your case, such as medical expenses, funeral costs, lost wages, and non-economic damages, to ensure your claim accurately reflects your family’s needs.

Strategic Negotiation and Litigation

Our lawyers are not just legal professionals; they are strategic negotiators and experienced litigators who put their extensive skillset to work for you. They understand that following a wrongful death, the path to justice is not just about presenting a case in court. Often, it involves complex negotiations with insurance companies and opposing counsel who may not have your best interests at heart.

Knowing that the stakes are high, our attorneys start with a comprehensive review of your case. They meticulously assess every piece of evidence and each unique circumstance to develop a robust and compelling argument for your claim. Their end goal? To secure the maximum compensation you are rightfully entitled to.

Don’t Settle for Less – Contact Us to Request a Free Consultation

When you’re going through the loss of a loved one due to another’s negligence, it’s crucial to have experienced and dedicated legal representation to ensure you receive the compensation you deserve. At Christie Farrell Lee & Bell, our Gary wrongful death lawyers are committed to fighting for justice and closure on your behalf.

Don’t let insurance companies or opposing counsel take advantage of your grief and vulnerability. Contact us today to request a free consultation and learn how our compassionate and knowledgeable team can guide you through the legal process and advocate for your best interests.

Our lawyers that handle these types of cases

Tina M. Bell

Tina M. Bell

Katherine M. Marshall

Katherine M. Marshall