The unexpected loss of a loved one is a critical point in your family’s life—often filled with difficult emotions and uncertainty about the future. When another party is responsible for that loss, their liability could entitle you and your family to compensation for the myriad damages incurred as a result.
A Portage wrongful death lawyer at The Law Offices of David W. Holub provides valuable counsel and advocacy for clients in pursuit of civil claims. Our experienced personal injury attorneys could employ aggressive case strategies to get results that reflect the true nature of your loss.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit to recover compensation for damages that a family suffers because of another party’s fault in causing a person’s death. Liability in a wrongful death lawsuit ultimately depends on the cause of a person’s passing. For example, a party’s fault for the wrongful death of another person could arise through the following types of events:
- Medical malpractice
- Slip and fall incidents
- Motor vehicle accidents
- Using malfunctioning or defective products
- Acts intended to catastrophically injure or kill someone
The complexity of determining a party’s potential liability in a wrongful death case can also vary with the nature of an incident. In many cases, liability will involve the parties directly present at the time or location of a person’s death, such as a driver in a drunk driving accident. However, additional parties may also have indirect liability.
For example, the employer could have vicarious liability for an employee who was driving drunk and caused an accident, resulting in death, while acting in the scope of their employment. Our experienced wrongful death lawyers in Portage could analyze the facts of an event to help clients properly identify all parties with potential fault and name them in a civil lawsuit.
Filing a Wrongful Death Lawsuit to Recover Compensation Against a Liable Party
Indiana Code § 34-23-1-1 allows the personal representative of a deceased person’s estate to file a wrongful death claim against a liable party for their role in an incident. The damages recoverable in a wrongful death lawsuit will depend on the specific circumstances of a person’s case but will likely involve the following:
- Funeral and burial costs
- Attorney’s fees and costs for recovering damages
- The lost earnings from a person’s premature death
- Medical expenses leading up to the person’s death
- Losses from the deceased person’s love, companionship, and services
Damages in an adult wrongful death case go to the deceased person’s estate to repay the reasonable costs of medical, hospital, funeral, and burial expenses, and the remainder goes to the widow or widower and any dependent children or dependent next of kin.
Indiana has a two-year statute of limitations for filing a wrongful death lawsuit that typically begins to run on the date of the person’s passing.
Consult a Portage Wrongful Death Attorney Today
The financial support from a wrongful death claim can help grieving family members in many ways after an accident. Additionally, the process can be beneficial in obtaining resolution through acknowledgment of another party’s neglect or wrongful acts that caused a loved one’s death. Know that a Portage wrongful death lawyer at The Law Offices of David W. Holub is here to pursue all available claims with compassion and understanding. Schedule a free case review with our office today.