Nothing is quite as shocking as the accidental death of a spouse, child, or parent. When the accident is caused by a person’s or organization’s negligence, recklessness, or criminal intent, the wound of the unnecessary and unjust loss cuts deeper.
At Craig, Kelley & Faultless LLC, we have seen firsthand the chaos and disruption that a wrongful death can cause. During this difficult time, the grieving family needs compassion, understanding, and answers to their questions. A family needs trusted guidance from experienced attorneys who have handled many wrongful death cases.
Indiana law spells out the definition of wrongful death, the type of compensation that may be claimed, and who is entitled to recover damages.
The compensation recovered in a wrongful death claim can pay medical and funeral expenses and replace money the deceased would have earned and contributed to support the household. Compensation for household support is especially important when the person wrongfully killed was a family’s primary breadwinner.
A successful wrongful death claim sends a strong message that society will not tolerate the type of wrongful acts that led to a needless loss of life. It can serve a public good in addition to helping an individual family.
A wrongful death claim against a hospital, a trucking company, a manufacturer, or a public-facing business can focus needed attention on a serious safety issue. It can lead to policy changes that increase safety for many people who work for or are served by the institution that was at fault.
There is no legal remedy for the pain of losing a loved one, but a wrongful death claim allows loved ones to speak for the deceased and demand justice for him or her, themselves and other survivors, and society. In such a grievous emotional time, Craig, Kelley & Faultless LLC can help guide you through the legal process of seeking justice for your lost loved one.
Who Can File a Wrongful Death Lawsuit in Indiana?
To be successful, the plaintiff in a wrongful death lawsuit in Indiana must be able to demonstrate that:
- The person’s death was caused by a wrongful act, neglect (failure to act as a reasonable person would have), or failure to do something required by law or contractual obligation
- The negligent act or failure to act would have entitled the injured person to file a personal injury claim to recover damages had the death not occurred
- There are surviving beneficiaries, children, or dependents of the victim.
- The deceased’s death has caused monetary damages.
In Indiana, only the personal representative of a deceased adult has the legal standing to file a wrongful death lawsuit.
A personal representative is appointed by a judge to oversee the administration of a deceased person’s estate. If the deceased had a will, the person named as the executor of the estate typically serves as the personal representative. If the person died without a will, a probate judge will appoint a close relative of the deceased, such as a spouse, adult child, or parent as the personal representative.
In the death of a child, one or both of the child’s parents may file a wrongful death claim. If the parents are divorced, the parent who had legal custody of the child can file. If both parents are deceased or their parental rights have been terminated, the child’s legal guardian has standing.
For the purpose of a wrongful death claim, Indiana law defines a child as:
- an unmarried person without dependents who is younger than 20 years old
- an unmarried person without dependents who is younger than 23 years old and enrolled in college, a technical school, or another program, or
- a fetus that has reached viability.
How Are Wrongful Death Settlements Paid Out?
Damages available in a wrongful death lawsuit vary depending on the status of the deceased (adult or child) and the plaintiff. In any settlement or jury award, damages for medical, hospital, funeral, and burial expenses go to the deceased’s estate to pay those bills.
If the deceased was married and/or has surviving dependents, there may be additional damages for loss of the deceased’s future earnings, and loss of the deceased’s love, affection, training, care, and guidance.
If the deceased was an unmarried adult with no dependents, parents or grown children may seek compensation for the loss of the deceased’s love and companionship.
In the wrongful death of a child, compensation may be sought for:
- Loss of the child’s services
- Loss of the child’s love and companionship
- Reasonable costs of counseling for parents or minor siblings who are struggling with the death.
How Do Wrongful Death Claims Prevent Accidents?
A fatal accident turns an entire family’s life upside down in an instant. A family may lose a breadwinner who supported the household or a child who embodied the parents’ aspirations and hope for the future. A family who has lost a loved one faces one of life’s most difficult experiences.
We understand that no amount of money will make up for the unnecessary death of a loved one. But the family should not be saddled with debt and face financial hardship because of someone else’s negligent acts or disregard for safety.
A successful wrongful death lawsuit fixes blame on the party responsible for the death. A settlement or court award can provide compensation to help the family of the deceased regain financial stability. A successful wrongful death lawsuit can help a family achieve some sense of closure and make a positive difference in their lives.
A lawsuit is a public record that may be reported by news media. A wrongful death judgment may bring about change and benefit the public. A company may change its policies if a lawsuit shows how customers have been subjected to unsafe conditions. A company may take an unsafe consumer product or medical device off the market.
A trucking company that pushed its truckers to drive longer than allowed by federal regulation might end the practice after a crash caused by a drowsy truck driver led to a successful wrongful death claim.
Without a wrongful death lawsuit, the careless behavior or disregard for safety that caused an unjust death may go unchecked and be repeated indefinitely – or until there’s another grieving family to ask why their loved one had to die.
Contact Our Indianapolis Wrongful Death Attorneys
If a loved one of yours has been killed in an accident that someone else caused or should have prevented, contact an Indianapolis wrongful death attorney with Craig, Kelley & Faultless LLC today. We’ll investigate your loved one’s death and fight for justice for your family and to prevent the possibility of others being hurt.
We are dedicated to helping families who have been affected by the negligent and wrongful acts of others. We serve clients in Batesville, Indianapolis, Fort Wayne, Anderson, Muncie, Lafayette, and throughout Indiana. We can meet with you at a location convenient to you or in your home. Call or reach us online today for a free consultation.
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