What Is Considered a Wrongful Death Case in Indiana?

    SHELBYVILLE, IN, January 03, 2023 /24-7PressRelease/ -- If your loved one died after a car crash, slip and fall accident, or workplace injury, you may be wondering, "what is considered a wrongful death case in Indiana?" Wrongful death can arise any time a death is caused by the wrongful act or failure to act by another person, this can be from a negligence-based action, an intentional act, or medical malpractice. However, just because a claim can be made, it doesn't always mean that there will be any recovery. There are many factors and issues to take into consideration.

Indiana's wrongful death statutes define it as a death "caused by the wrongful act or omission of another" person or entity. (Indiana Code §§ 34-23-1-1, 34-23-1-2, and 34-23-2-1(2021).) A wrongful death claim is similar to a personal injury lawsuit, except the person harmed is the spouse, parent or child of the person who was killed. Therefore, the person who can make the claim may be the Estate of the deceased person, or the deceased person's spouse, children or on occasion other relatives.

"Wrongful death claims are some of the most difficult cases we handle because the family is grieving and they've suffered a great loss," said Attorney Mike Stephenson, partner at Stephenson Rife law firm. "Our wrongful death lawyers are compassionate and caring, and we treat our clients like family. We build powerful legal claims to make sure they get the compensation they deserve."

We believe when the death of a loved one occurs because of actions of someone else the family should consult with competent counsel for many reasons. While the family is often grieving and trying to survive the emotional shock of the loss someone else needs to be preserving evidence and making sure the claims are properly identified and pursued. NO insurance company for the responsible party is ever going to advise the family of the deceased what claims they can or cannot make. The family needs to consult with someone representing their interest.

Under Indiana law, the individuals allowed to bring a wrongful death claim will differ depending on whether the deceased person was a child or an adult.

If a child dies, a wrongful death claim can be filed by one or both parents. If parents are divorced, the parent with custody of the child can bring a wrongful death claim. If both parents are deceased, then the child's legal guardian can file a claim.

If an adult dies, a personal representative of the decedent's estate – often called an "executor" – can bring a wrongful death suit. Unlike many other states in which family members are allowed to file wrongful death claims, in Indiana an executor must do this. However, the executor can be working on behalf of the family.

Recoverable damages can include medical bills, loss of future earnings, funeral and burial costs, and loss of the deceased person's love, care, guidance, and companionship. In the case of an unmarried adult with no dependents, Indiana law caps damages for the deceased person's love and companionship at $300,000 and does not allow future earnings potential to be included in damages. The statute of limitations for filing a wrongful death claim in Indiana is two years from the date of the death.

ABOUT STEPHENSON RIFE LAW FIRM:

Stephenson Rife has achieved outstanding case results for clients throughout Indiana. Attorney Mike Stephenson and Attorney Brady Rife have recovered millions of dollars on behalf of many satisfied clients. To find out more about how we can help, call us for a free consultation at (317) 680-2501.

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