Understanding Wrongful Death Action

Navigating the legal landscape can be complex, especially when dealing with the loss of a loved one, medical bills, and more. 

A wrongful death action is a legal claim brought forward by the personal representative of a deceased person’s estate when the death results from the wrongful act or omission of another. 

This can cover a broad spectrum of circumstances, ranging from negligence in a medical setting to a fatal car accident caused by a reckless driver. Our team is here to guide you through these complexities and ensure that justice is served for your loved one.

Common Causes of Wrongful Death in Richmond

In Richmond, wrongful death is often the tragic outcome of various incidents, each with its unique circumstances and legal considerations. These may include:

Regrettably, according to the Indiana Traffic Safety Report,  there were 914 fatal collisions in Indiana in 2021. 

Medical errors are also a significant concern, with the Centers for Disease Control and Prevention ranking them as the third leading cause of death in the U.S. Our legal team is well-versed in handling a wide range of wrongful death cases and is committed to investigating the cause of your loved one’s death thoroughly.

Damages for Wrongful Death in Indiana

The sudden loss of a loved one in a wrongful death incident is a devastating experience that leaves families grappling with profound emotional distress and often, significant financial pressure. Indiana law acknowledges this dual hardship and provides a legal pathway for families to seek and recover damages. 

As stipulated under Indiana Code § 34-23-1-2, families have the right to pursue compensation for:

  • Medical and funeral expenses
  • Lost earnings and benefits
  • Loss of companionship and care
  • Grief and mental anguish

These categories of damages are not just about assigning a monetary value to the loss. Instead, they represent a tangible recognition of the multi-faceted impact of your loved one’s untimely death and they aim to alleviate the financial burden and provide some form of recompense for the emotional distress you’ve endured.

Filing a Wrongful Death Claim

To file a wrongful death claim in Indiana, you must be the personal representative of the deceased’s estate. The process involves:

  1. Appointing a personal representative, usually through probate court.
  2. Investigating the incident and collecting evidence.
  3. Filing a lawsuit within the statute of limitations.
  4. Negotiating with the at-fault party’s insurance company.
  5. Taking the case to trial if a fair settlement isn’t reached.

This process can be complex and emotionally draining, but you don’t have to go through it alone. 

Our team of wrongful death attorneys can provide vital support and guidance during this trying time, helping you understand your rights, gathering evidence, and aggressively advocating on your behalf to secure the maximum possible compensation.

How a Richmond Wrongful Death Lawyer Can Help You Get Justice

In the wake of wrongful death, the path to justice can seem daunting and complex. A personal injury attorney is not just a legal professional, but a dedicated advocate who can guide you through this challenging journey. At Christie Farrell Lee & Bell, our attorneys are experienced in handling wrongful death cases and are committed to fighting for justice for your loved one. 

Here’s how our team can assist you:

Understanding Your Rights

Our attorneys can help you comprehend the legal landscape surrounding wrongful death cases. We ensure you understand your rights and the legal options available to you.

Evidence Collection and Analysis

A successful wrongful death claim hinges on solid evidence. Our team is adept at gathering and analyzing crucial evidence, from medical records and accident reports to witness testimonies.

Negotiation with Insurance Companies

Insurance companies often aim to minimize the compensation they pay out. Our attorneys are expert negotiators who can effectively communicate with insurance companies on your behalf, striving to secure the maximum compensation you deserve.

Court Representation

If a fair settlement cannot be reached, our attorneys are prepared to represent you in court. We are experienced litigators who are ready to fight for justice for your loved one.

Emotional Support

Beyond the legal aspects, we understand the emotional turmoil you’re going through. Our team is here to provide compassionate support throughout the process, treating you with the empathy and respect you deserve.

At Christie Farrell Lee & Bell, we are dedicated to ensuring you receive the compensation you deserve from personal injuries or fatalities, while also seeking justice for your loved one. We are here to support you during this challenging time.

FAQs Related to Wrongful Death Cases in Richmond

To help you better understand the process and what to expect, we’ve compiled a list of frequently asked questions related to wrongful death cases in Richmond, Indiana.

What is the Difference Between Wrongful Death and Survival Action? 

A wrongful death claim seeks compensation for the losses suffered by the deceased’s relatives, while a survival action seeks compensation for the deceased’s pain and suffering prior to their death, as per Indiana Code.

Who Gets the Money in a Wrongful Death Lawsuit in Indiana? 

The damages in a wrongful death suit are awarded to the deceased’s estate and distributed according to their will or Indiana’s laws of intestacy.

What is the Survivorship Statute in Indiana? 

Indiana’s survivorship statute allows a deceased’s claim for personal injury to survive their death and can be brought or continued by their estate.

Are Wrongful Death Lawsuit Settlements Taxable Income?

Generally, the IRS does not consider compensation received from a wrongful death settlement as taxable income, but there can be exceptions.

Our lawyers that handle these types of cases

Tina M. Bell

Tina M. Bell

Katherine M. Marshall

Katherine M. Marshall