Facing the Aftermath of a Wrongful Death

No amount of money can replace your loved one, but pursuing a wrongful death lawsuit can provide financial stability and a sense of justice. 

The aftermath of wrongful death can leave families facing emotional trauma, financial difficulties, and uncertainty about the future. And this can be especially true if the deceased was a primary wage earner.

Wrongful deaths can occur in various situations, including car accidents, medical malpractice, workplace accidents, or due to defective products. Whether it was a tragic car accident or a case of medical malpractice, our experienced Muncie wrongful death lawyers will help determine who is liable for your loved one’s death and fight for the compensation you deserve.

What Damages Can You Sue for in a Wrongful Death Case in Muncie?

Under Indiana law, the family of the deceased can sue for various damages in a wrongful death case. These can include:

  • Reasonable medical and hospital expenses
  • Funeral and burial expenses
  • Loss of the deceased’s earnings
  • Loss of companionship, love, and care
  • Mental anguish experienced by the survivors

However, every case is unique and you should look for legal help to understand what are your options and who is responsible for the fatality. A personal injury lawyer can help you evaluate your options and calculate a fair amount of compensation to help your family recover from such a tragic loss.

Who Is Entitled to Receive Compensation?

In Indiana, the personal representative of the deceased’s estate typically files a wrongful death claim. The damages awarded are then distributed to the surviving family members, including the spouse, children, and potentially other dependents. 

The distribution of the settlement depends on the specific circumstances of the case and is usually determined by the court.

Cap on Wrongful Death in Indiana

There is a cap on non-economic damages in medical malpractice cases, including wrongful death cases resulting from medical malpractice. The cap is currently set at $1.25 million, as per Indiana Code § 34-18-14-3. 

However, this cap might not apply to other types of wrongful death cases, such as those resulting from car accidents or defective products.

How a Personal Injury Attorney Can Help You With a Wrongful Death Claim

Losing a loved one is an incredibly challenging experience, and pursuing a wrongful death claim can be a complex and emotionally draining process. In such a situation, a personal injury attorney can provide invaluable assistance during this difficult time. 

Here’s how we can help you seek justice:

1. Understanding the Legal System

Indiana wrongful death laws can be intricate and challenging to navigate. An experienced wrongful death attorney will have an in-depth understanding of these local laws and can guide you through the legal process, ensuring you understand every step.

2. Investigation

Attorneys have the resources to conduct a thorough investigation of the circumstances surrounding your loved one’s death. They can gather essential evidence, interview witnesses, and consult with medical experts to build a strong case and maximize your possibilities of receiving compensation.

3. Calculating Damages

Determining the financial impact of your loss can be complex. It involves not only current financial losses, such as medical bills and funeral expenses but also future losses, like lost earnings and benefits. An attorney can help accurately estimate these damages and demand what you and your family deserve.

3. Negotiating with Insurance Companies

Insurance companies are businesses with an underlying aim to maximize profits. Often, this goal can conflict with the victim’s need for a full and fair recovery. 

It’s not uncommon for insurance adjusters to initially offer a low settlement amount, hoping that you’ll accept it quickly under the stress and financial pressure following an accident. These offers may not adequately cover all your damages, particularly those that manifest over time, like certain injuries or psychological trauma.

But if you get the help of a personal injury lawyer, the professional can negotiate assertively to ensure you receive fair compensation. 

4. Representing You in Court

If a fair settlement can’t be reached, your attorney can take your case to court. They’ll use their litigation experience to present your case effectively and fight for your rights.

At Christie Farrell Lee & Bell, our wrongful death lawyers in Muncie are committed to providing compassionate and comprehensive legal support to those dealing with the aftermath of wrongful death. With our extensive knowledge and resources, we will work diligently to secure the maximum compensation you deserve.

If you’re dealing with the tragic loss of a loved one due to someone else’s negligence, don’t face it alone. Let our experienced team handle the legalities so you can focus on healing. Reach out to us today for a free consultation and let us help you navigate this difficult time.

FAQs Related to Wrongful Death Cases in Muncie

When the death is a result of someone else’s negligence or wrongdoing, it adds an extra layer of complexity and pain. To help you navigate this complex legal terrain, we’ve compiled a list of frequently asked questions we frequently hear from our clients in Muncie and all across Indiana.

What Is the Difference Between Wrongful Death and Survival Action?

A wrongful death action seeks to compensate the deceased’s family members for their losses due to their loved one’s death. 

On the other hand, a survival action is brought by the estate of the deceased to recover from the pain, suffering, or other harms the deceased person experienced before death. It’s important to note that the damages recovered in a survival action go to the deceased’s estate, not directly to the family members.

What Is Wrongful Death in Law?

A wrongful death in law refers to a death that occurs due to the negligence or misconduct of another party. 

The circumstances can vary widely, from medical malpractice like prescription drug errors or cancer misdiagnosis to car accidents or accidents caused by defective products. The essential element is that the death could have been prevented if the responsible party had acted reasonably and responsibly.

Does Wrongful Death Mean Death Caused by a Tort?

Yes, wrongful death refers to a death that has been caused due to the tortious act of another. A tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include negligence, intentional infliction of emotional distress, assault and battery, trespass, product liability, and others.

In the context of wrongful death, it means that the death was caused due to negligence, reckless conduct, intentional misconduct, or breach of certain warranties or contracts by another person or entity. 

Our lawyers that handle these types of cases

Tina M. Bell

Tina M. Bell

Katherine M. Marshall

Katherine M. Marshall