Common Types of Wrongful Death Accidents

Wrongful death can occur in various circumstances, each devastating in its own way. Our legal team is experienced in handling a wide range of cases, including but not limited to:

  • Medical malpractice: Healthcare professionals have a duty to provide a standard of care to their patients. When their negligence leads to the death of a patient, the surviving family members have the right to file a wrongful death claim. 
  • Car accidents: In the tragic event of losing a loved one in a car accident caused by another driver’s negligence, the surviving family members have the right to pursue a wrongful death claim. Compensation may cover medical expenses, funeral costs, lost wages, and emotional suffering.
  • Construction site accidents: If your loved one died as a result of an accident at a construction site, you may be entitled to workers’ compensation death benefits. Additionally, you may have the right to file a wrongful death lawsuit against any negligent third parties responsible for the accident.
  • Catastrophic injuries: When a catastrophic injury results in death, the surviving family members have the right to seek compensation for their loss. A wrongful death claim can help cover expenses related to medical bills, funeral costs, and loss of companionship.
  • Slip and fall accidents: Property owners have a duty to maintain safe premises. If their negligence leads to a fatal accident, the surviving family members have the right to file a wrongful death lawsuit seeking compensation.
  • Nursing home abuse and neglect: We can help you hold the nursing home accountable for their actions and provide compensation for the family’s loss.

 

What Compensation Can You Claim in a Wrongful Death Case?

The unexpected loss of a loved one not only leaves a lasting emotional impact but can also result in financial difficulties for the surviving family members. In Indiana, the Wrongful Death Act, as stated in the Indiana Code § 34-23-1, provides the legal framework for families to seek compensation for the damages resulting from the wrongful death of their loved one. Understanding the types of compensation you can claim in a wrongful death case is essential in ensuring that you receive the financial support you need during this challenging time.

In a wrongful death case, the surviving family members may be entitled to compensation for:

Economic Damages

In wrongful death cases, economic damages aim to compensate the family for the tangible losses they have experienced. These losses can encompass medical expenses incurred before the deceased’s passing, funeral and burial costs, and the loss of financial support that the deceased would have provided.

Non-Economic Damages

On the other hand, non-economic damages address the intangible losses suffered by the family due to the wrongful death. These damages may encompass the pain and suffering the deceased experienced before their passing, as well as the emotional distress and loss of companionship felt by surviving family members. 

In certain cases, punitive damages could be awarded to the family. These damages serve to punish the responsible party for their reckless or negligent actions and deter similar behavior in the future.

How Can A Personal Injury Lawyer Help?

Seeking legal representation from an experienced wrongful death lawyer is crucial in ensuring the best possible outcome for your case. A skilled attorney can assist you with the following:

  • Investigating the cause of death and gathering evidence to support your claim
  • Analyzing the relevant Indiana laws and codes applicable to your case. For example, trucking laws if an accident caused a wrongful death.
  • Calculating the damages you are entitled to claim
  • Negotiating with the responsible party’s insurance company on your behalf
  • Filing a lawsuit in the appropriate court, if necessary
  • Representing you in court and advocating for your best interests

 

Throughout the entire process, your lawyer will work diligently to build a strong case on your behalf, aiming to help you receive the compensation you deserve.

FAQs About Lafayette Wrongful Death Cases

What happens if you lose a wrongful death lawsuit?

If you lose a wrongful death lawsuit, you will not receive any compensation for your loss. It is crucial to consult with an experienced lawyer to build a strong case and increase the likelihood of a successful outcome. 

Keep in mind that, under Indiana Code, you have a limited time (generally two years) to file a wrongful death claim, so it is essential to act promptly.

Who can sue for wrongful death in Lafayette?

A wrongful death claim in Indiana can be filed by the personal representative of the deceased person’s estate. This representative may be a spouse, a parent, a child, or a court-appointed individual. The claim is typically filed on behalf of the surviving family members who suffered damages as a result of their loved one’s death.

How much does a wrongful death case pay?

The amount of compensation awarded in a wrongful death case depends on several factors, including the nature and extent of the economic and non-economic damages suffered by the surviving family members. 

This may vary depending on medical expenses, funeral costs, lost wages, emotional suffering, and other factors unique to the case. 

Who are the beneficiaries of wrongful death?

In Indiana, the beneficiaries of a wrongful death claim typically include the deceased person’s spouse, children, and dependent next of kin. The specific distribution of the compensation depends on the family situation.

What is the wrongful death statute cap in Indiana?

In Indiana, there is a cap on non-economic damages in certain wrongful death cases. According to Indiana Code § 34-23-1-2, non-economic damages are capped at $300,000 in cases where the deceased person had no surviving spouse, dependent children, or dependent next of kin.

Our lawyers that handle these types of cases

Tina M. Bell

Tina M. Bell

Katherine M. Marshall

Katherine M. Marshall