Indianapolis Wrongful Death Lawyer
When a loved one dies and you believe that someone else is liable, you should contact a wrongful death attorney. An Indianapolis wrongful death lawyer can work with you to get the compensation that you need to handle funerary expenses and other losses.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of civil suit that may be raised when someone dies because of the negligent or malicious actions of another person. A wrongful death lawsuit can target an individual or a company, in a wide variety of cases — it may target a company that provided a dangerous environment, or a person who injured the deceased. Wrongful death lawsuits can vary, but the important aspect is someone being held responsible for the death of your loved one.
Settlement money in a wrongful death lawsuit will go to the individual’s estate or close relatives: the spouse, children, or parents. Usually, wrongful death lawsuits are paid out by an insurance company, especially if the death occurred at a business or in a home. Otherwise, if an individual is responsible, it may be necessary to determine whether that individual would be able to pay the settlement even if a judgment is rendered.
Who Can File a Wrongful Death Lawsuit?
Usually, a wrongful death lawsuit is limited to the immediate family. This is most often a surviving spouse, but it can also be children or parents of the deceased. An individual handling the estate of the deceased may also levy a wrongful death lawsuit on behalf of the estate. A wrongful death lawsuit has to be carefully considered before filing, because it can be difficult to prove. To prove that a wrongful death occurred, it needs to be shown that the actions taken were either malicious or negligent, and directly caused the death.
As an example, someone who dies at work due to poor safety protocols might have a wrongful death lawsuit launched in their name. But if it can be shown that they didn’t follow the company’s clearly established safety protocols, the company might not be found to be liable. It would need to be shown that the company itself was negligible in preventing the conditions that led to the death.
A family member should consult with an attorney before determining who is responsible for a wrongful death lawsuit, who should file, and the amount that should be filed for.
How Much Can You Sue for a Wrongful Death?
The amount that a person sues for needs to be related to the real monetary damages that the wrongful death caused. In the example of a 30-year-old employee killed at work, for instance, a spouse might sue for the amount that the employee would have been able to make during the rest of their career, in addition to the costs of burial, and any medical costs incurred directly prior to the death.
The less that is certain about the deceased individual, the harder wrongful death begins to quantify. For a younger individual, such as a 19-year-old, it may be hard to see what trajectory their career might have had, and a successful suit will generally cover burial expenses in this case.
Because wrongful death suits can be so complicated, professionals should involved from the very start.
What is the Statute of Limitations for a Wrongful Death Lawsuit in Indiana?
In Indiana, a wrongful death lawsuit must be initiated within two years. It’s entirely understandable that many people may be too distraught following their loved one’s death to immediately pursue a wrongful death claim. But a wrongful death suit is a type of civil claim and there are strict limitations to this type of claim.
As two years can pass very quickly in these type of life events, it is critical to contact an attorney as soon as possible. An attorney will be able to help you collect the evidence you may need to prove the wrongful death suit; if years pass, that evidence (such as witness statements) could become difficult to procure and unreliable.
A wrongful death suit may seem stressful. But for many, it’s the only way to acquire closure after a loved one’s death — as well as to ensure that the household is appropriately taken care of. For more information, contact the experts at Trapp Legal for more information.
Contact Trapp Law, LLC
If you believe you may have a claim for a wrongful death lawsuit, contact the attorneys at Trapp Law, LLC in Indianapolis. We can help you with your case and make sure you are heard.