What is Wrongful Death in Terre Haute?

Wrongful death in Indiana is defined under the Indiana Code § 34-23-1 as a death caused by the “wrongful act or omission” of another party. This can occur in a variety of situations, including but not limited to:

Each of these situations can give rise to a wrongful death claim if the deceased, and according to the circumstances of your case, you might be entitled to present a personal injury claim. 

The wrongful death statute in Indiana, although can never fully compensate for the loss of a loved one, it is designed with the purpose of offering some relief to the family of the deceased, mitigating the financial strains they may suffer as a result of their sudden loss.  

Steps to Take After the Loss of a Loved One

Experiencing the sudden loss of a loved one can be overwhelming and deeply distressing. But in the midst of this emotional turmoil, it’s crucial to remember certain steps to protect your legal rights and potential wrongful death claims.

  1. Obtain a Legal Representative: The legal complexities of a wrongful death case necessitate having a local lawyer by your side. The lawyers at our law firm can provide invaluable guidance and representation during this difficult time, and help you and your family focus on recovery from this devastating time.
  2. Initiate an Investigation: A thorough investigation is vital in wrongful death cases. Your lawyer can collaborate with experts to gather and analyze crucial evidence that supports your claim.
  3. File a Wrongful Death Claim: If your attorney believes you have a case, you can file a claim to hold responsible parties accountable, and ensure the negligent healthcare provider will cover the economic costs resulting from the wrongful death. 

While these steps can’t alleviate the pain of your loss, they can set the foundation for a successful wrongful death claim, which can provide your family with financial security during this difficult time.

Who Are the Beneficiaries of Wrongful Death in Indiana?

Understanding who the beneficiaries are in a wrongful death case is crucial in Indiana. The law the list of beneficiaries who can file a wrongful death claim typically includes immediate family members who were financially dependent on the deceased at the time of death.

Primarily, this includes:

  1. The Spouse of the Deceased: In most cases, the spouse is the first to be considered as a beneficiary. They may claim the loss of financial support, companionship, love, and guidance.
  2. Children of the Deceased: The children, including adopted children and stepchildren, can also be beneficiaries. They can claim compensation for the loss of parental guidance, love, and financial support.
  3. Dependent Next of Kin: This includes any other family members who were financially dependent on the deceased, like parents or siblings. They may also be eligible to claim compensation.

These beneficiaries may be entitled to a broad range of damages and can encompass medical expenses incurred due to the deceased’s final illness or injury, funeral, and burial expenses.

Do You Have a Case? Request a Free Consultation to Claim Economic Compensation

If you believe you have a wrongful death case, don’t hesitate to contact us for a free consultation. Our lawyers will review your case, explain your rights, and guide you through the legal process. You don’t have to navigate this difficult journey alone – we’re here to help you seek the compensation you need to recover from your losses. 

FAQs Related to Terre Haute Wrongful Death Cases

Navigating the legal complexities that follow the wrongful death of a loved one can be an overwhelming task. As such, we understand that you might have numerous questions and concerns about the legal process, the potential for compensation, and the specifics of Indiana law. 

To assist you during this challenging time, we’ve compiled a list of questions that address some of the most common concerns we’ve encountered in our experience handling wrongful death cases in Terre Haute.

What is the Indiana Tort Claims Act?

The Indiana Tort Claims Act is a set of laws that define how an individual can file a claim against a government entity or employee in the state. There are specific requirements and exceptions that need to be followed, so it’s advisable to consult with an experienced wrongful death lawyer to navigate these complexities.

What Is the Survivorship Statute in Indiana?

The survivorship statute in Indiana allows a decedent’s estate to recover damages for the pain and suffering the decedent experienced prior to death. This falls under the Indiana Code § 34-9-3-1.

Who Can Sue for Wrongful Death in Indiana?

In the state of Indiana, the personal representative of the deceased person’s estate is the individual who is legally authorized to file a wrongful death lawsuit. 

The personal representative can typically be a close family member, such as a spouse, an adult child, or a parent. It’s also possible that a named executor in the deceased person’s will or an individual appointed by the court may serve as the personal representative. 

Their role includes not just filing the lawsuit, but also managing the deceased’s estate, ensuring that any awarded damages are distributed correctly to the eligible beneficiaries under Indiana’s wrongful death statutes.

Our lawyers that handle these types of cases