When someone’s death is caused by another person’s negligent actions or omissions in Indianapolis, the deceased’s surviving family members can seek compensation for their loss through a wrongful death claim.
To make the most of your case, it is vital to work with a knowledgeable and experienced lawyer who can handle your wrongful death claim from start to finish.
At Craig, Kelley & Faultless LLC, our legal team has decades of experience handling fatal accident lawsuits and a track record of success. Our attorneys have recovered hundreds of millions of dollars for our clients through negotiated settlements and trial verdicts. We want to put our experience to work for your family to seek the compensation you need and a measure of justice for the deceased.
Contact us today for a free consultation with an Indianapolis wrongful death lawyer to learn more about how we can help your family during this challenging time.
What Is a Wrongful Death Claim in Indiana?
Indiana’s wrongful death statute outlines wrongful death lawsuits as the way for grieving family members to seek compensation for the loss of a loved one. Indiana wrongful death lawsuits aim to hold at-fault parties financially accountable for the harm they caused to the surviving family members.
The personal representative of the deceased’s estate may also be able to file a survival action seeking compensation for the losses the deceased sustained before death. While survival actions are related to wrongful death lawsuits and often filed at the same time, they are distinct legal actions.
Who Can File and Benefit from a Wrongful Death Lawsuit in Indianapolis?
While some states allow anyone who can benefit from a wrongful death lawsuit to file one, Indiana does not. Instead, only the deceased’s personal representative can file a wrongful death lawsuit. However, the personal representative files the wrongful death claim on behalf of both the deceased person’s estate and the surviving family members.
Specifically, the estate can pursue compensation for the deceased’s medical bills and funeral and burial expenses, while surviving family members can seek compensation for their losses. The family members who could stand to benefit from an Indianapolis wrongful death lawsuit include:
- The deceased’s spouse
- The deceased’s dependent children
- The deceased’s dependent next of kin
While spouses and minor children are typically presumed to be able to recover compensation through a wrongful death lawsuit, adult children and other next of kin may have to prove dependence. That could be done by demonstrating that they financially or physically relied on the deceased due to their own disability.
The Legal Process for Pursuing a Wrongful Death Claim in Indianapolis
The first step in filing a wrongful death lawsuit in Indianapolis is identifying the at-fault parties. Your lawyer can do this by investigating the incident and gathering various forms of evidence. Depending on the circumstances, more than one party may share liability.
After identifying the at-fault party and gathering evidence to support a wrongful death claim, your lawyer can file your case in the name of the personal representative of your loved one’s estate. The filing outlines the facts of the wrongful death case and the compensation you are seeking through it.
The next step is known as the discovery phase. Discovery is when both sides can request documents, depositions, and interrogatories. Depositions are in-person question-and-answer sessions, while interrogatories are written questions for the parties to answer. The discovery phase of the lawsuit gives both sides a more complete picture of the case.
The parties can attempt to negotiate a settlement at any point in the process. Most lawsuits end with a settlement. However, if the parties cannot reach a settlement, your lawyer can take the case to court and seek maximum compensation at trial.
Indiana law gives you just two years from the date of death to file a wrongful death lawsuit. For that reason, it is essential to secure legal representation as soon as possible to start an investigation and protect your right to seek compensation.
What Compensation Is Available in a Wrongful Death Case?
According to Indiana law, the compensation available through a wrongful death lawsuit after a fatal accident in Indiana includes:
- Medical expenses and hospital bills related to the injuries that caused your loved one’s death
- Your loved one’s funeral and burial expenses
- The income your family lost due to the death of your loved one
- The loss of the love and companionship your loved one provided
To seek maximum compensation, you need to hire a skilled wrongful death lawyer to handle your case. The attorneys at Craig, Kelley & Faultless LLC stand ready to protect your best interests by pushing back against any tactics the at-fault party’s insurance company uses in an attempt to minimize your claim.
Types of Accidents Leading to Indianapolis Wrongful Death Lawsuits
Wrongful death cases in Indianapolis can arise from a wide range of accidents. Less frequently, wrongful death claims are linked to an intentional criminal act. Some examples of common causes of wrongful death include:
- Motor vehicle accidents – Car, truck, and motorcycle accidents are among the leading causes of fatalities nationwide. The injuries caused by traffic accidents, including traumatic brain injuries and internal organ damage, frequently lead to death even with medical treatment.
- Premises liability – Property owners can be held liable in wrongful death cases if unreasonable hazards caused someone else’s death. Slips and falls are among the most common types of premises liability cases.
- Defective products – Products can have design, manufacturing, or warning label defects that make them unreasonably dangerous for consumers. Such defects can sometimes cause fatal injuries.
- Workplace accidents – While many fatal workplace accidents fall under the workers’ compensation system, not all do. If your loved one was an independent contractor or their death was the result of a third party’s negligence, you may have a wrongful death case.
- Homicide – Wrongful death cases may arise from intentional actions such as homicides or physical assaults that lead to death. The civil wrongful death cause of action is a separate matter from any criminal charges.
How Our Indianapolis Wrongful Death Lawyers Can Help You
If someone else’s negligence caused your loved one’s death, you need the help of a law firm with decades of experience. For more than 30 years, the experienced wrongful death attorneys at Craig, Kelley & Faultless LLC have represented the families of wrongful death victims and assisted them in seeking the compensation they need.
Some of the ways our team can help with your wrongful death suit include:
- Identifying the at-fault parties
- Gathering supporting evidence
- Calculating the value of your case
- Filing lawsuits within the deadline
- Negotiating with insurance companies on your behalf
- Representing your case at trial if a settlement cannot be reached
Contact Craig, Kelley & Faultless LLC for a free consultation with one of our experienced Indianapolis wrongful death attorneys. Our legal team is ready to explain the legal process and help you understand your best options for holding the party responsible for your loved one’s death financially liable.
Frequently Asked Questions
What constitutes a wrongful death?
A wrongful death occurs when someone dies because of someone else’s negligence, negligent act of omission, or wrongful action. It’s a preventable death, one that would never have happened but for the other party’s actions. Indiana law defines a wrongful death as one in which the deceased, if they had survived, would have had grounds to file a personal injury claim for damages against the at-fault party.
Who can file a wrongful death lawsuit in Indiana?
The wrongful death claim must be filed by the deceased’s personal representative. The personal representative may be the executor of the deceased’s will or, absent a will, the court-appointed representative of the estate.
What damages can be claimed in an Indiana wrongful death case?
Damages in a wrongful death lawsuit include any medical care the deceased needed after the accident before they passed, hospital fees, burial and funeral expenses, and anticipated lost earnings and benefits. The lawsuit could also seek compensation for the loss of love and companionship the death causes the surviving family.
How is liability determined in a wrongful death case?
Liability in wrongful death suits requires proof that the at-fault party caused the accident that resulted in the death. That means establishing the at-fault party had a duty of care to the deceased, fell short of that duty of care, and caused the incident leading to the deceased’s death.
What is Indiana’s statute of limitations for filing a wrongful death lawsuit?
The statute of limitations sets a two-year deadline for bringing a wrongful death suit against the at-fault party. If the deceased’s personal representative fails to initiate the legal process before the statute of limitations expires, a judge will almost certainly dismiss a later filed case.
How does the wrongful death claims process work?
The estate’s representative, often representing the family of the deceased, contacts a wrongful death attorney to initiate the claim. Once hired, the attorney can investigate the incident that caused the death and gather evidence of the wrongdoing that caused it. The evidence could include safety records of the establishment where the accident happened, driving records or a police report if the deceased was killed in a collision, witness statements, and photos or video of the fatal accident, for example.
Once the lawyer has a solid case for negligence, they may send a demand letter to the at-fault party or their insurer to demand appropriate compensation, or they could file a lawsuit. Many wrongful death cases are settled out of court through negotiations, mediation, or arbitration. The lawyer may represent the estate in these negotiations. Some cases go to trial, and so the wrongful death lawyer would litigate the claim in Indiana civil court.
Do I need a wrongful death attorney, and how do I choose one?
You are not required to have a wrongful death attorney to file a claim or lawsuit, but a lawyer can streamline the process and help you avoid pitfalls that could jeopardize your case. A lawyer also has resources you do not have, such as access to expert witnesses who could bolster your case and draw links between the accident and your loved one’s death.
Look for a lawyer with experience in wrongful death cases. Wrongful death cases may involve estimating the future lost earnings of the deceased, which can be complicated. The attorney you choose should also have trial experience and a track record of success with wrongful death claims.
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