Understanding What Constitutes Wrongful Death in Indiana

A Kokomo wrongful death lawyer will provide you with your legal rights and the options available. Taking immediate action can help protect these rights and set the stage for a successful wrongful death claim.

In the state of Indiana, a wrongful death occurs when a person’s death is caused by the wrongful act or omission of another individual or entity. The underlying principle is that if the deceased could have pursued a personal injury claim had they survived, then a wrongful death claim is typically appropriate.

The Indiana Wrongful Death Act outlines the legal provisions surrounding wrongful death claims in the state. It states that if the decedent’s death was caused by the wrongful act or omission of another, the personal representative of the decedent’s estate can file a wrongful death lawsuit. 

This action is brought not for the benefit of the decedent, but rather for the exclusive benefit of the deceased person’s dependents – their spouse, children, or dependent next of kin.

Incidents that may give rise to a wrongful death claim can include, but are not limited to:

  • Car accidents, where a reckless or negligent driver is responsible.
  • Medical malpractice, where a healthcare professional’s negligence leads to a patient’s death.
  • Workplace accidents, where an employer’s negligence results in fatal injuries to an employee.

Each case is unique, and determining the applicability of a wrongful death claim requires an in-depth understanding of Indiana law and the specific circumstances surrounding the incident.

What Are the Damages You Can Claim for Wrongful Death in Kokomo?

In a wrongful death lawsuit, the types of damages you may recover generally aim to compensate for the financial and emotional burden of your loved one’s untimely death, including:

  • Medical costs related to your loved one’s final illness or injury
  • Funeral and burial expenses
  • Loss of your loved one’s future earnings and benefits
  • Loss of care, guidance, and companionship
  • Mental and emotional distress suffered by the survivors

At our law firm, we understand that no amount of money can truly compensate for the loss of a loved one. However, a successful wrongful death claim can provide a measure of justice and ease the financial burden associated with an unexpected loss. 

With a thorough understanding of Indiana’s statutes, our team of attorneys is prepared to pursue the maximum compensation you and your family deserve. We can help you calculate the damages to claim a fair amount of compensation in a wrongful death claim.

The Survivorship Statute in Indiana

Alongside the Indiana Wrongful Death Act, the Survivorship Statute is another crucial piece of legislation impacting wrongful death cases in Indiana. 

This statute, as outlined in Indiana Code § 34-9-3-1, the statute permits the estate of the deceased to pursue a claim for any pain and suffering experienced by the deceased prior to their demise, in addition to medical expenses.

This legislation is particularly significant in situations where a loved one didn’t die immediately. For example, if your loved one endured pain and suffering in a hospital for weeks or months before their passing, you may be eligible to claim damages under this statute, in conjunction with your wrongful death claim.

Request a Free Consultation and Claim for the Justice Your Family Deserves

Dealing with the aftermath of a loved one’s wrongful death is understandably challenging. At Christie Farrell Lee & Bell, we are dedicated to providing you with support and guidance during this difficult time. Our team of wrongful death lawyers will deal with the legal complexities, advocate for your rights, and work relentlessly to secure the justice your loved one rightfully deserves.

Do not delay in seeking the legal representation your family needs. Contact us today to request a free consultation. Allow us to help you take the first step toward holding the responsible party accountable.

Our lawyers that handle these types of cases

Tina M. Bell

Tina M. Bell

Katherine M. Marshall

Katherine M. Marshall