Attorneys Helping Families Pick Up The Pieces After A Loved One’s Wrongful Death
Losing someone you love to a wrongful death accident is a tragedy, no matter the circumstances. The pain can be exacerbated, however, if you learn that another person, business or organization is directly responsible for the loss.
At Hilbrich Law Firm, we bring decades of experience and a wealth of knowledge to every wrongful death case we handle. Our team has been winning cases since 1952, demonstrating our commitment to achieving positive outcomes for our clients. We understand the emotional and financial toll a wrongful death can take on families, which is why our compassionate and dedicated attorneys work closely with each client, providing personalized attention throughout the legal process. Our extensive experience with a wide range of wrongful death cases allows us to develop effective strategies tailored to each unique situation.
If you’re facing the aftermath of a loved one’s wrongful death, don’t hesitate to reach out. Contact us today to schedule a free consultation, either by phone or through our online form, and let us help you pursue the justice and compensation you deserve.
What Constitutes Wrongful Death In Indiana?
Under Indiana law, wrongful death is defined as a fatality caused by another party’s wrongful act or omission. This legal concept applies to situations where, had the deceased survived, they would have been entitled to file a personal injury lawsuit against the responsible party.
Key aspects of wrongful death claims in Indiana include:
- Eligibility: The personal representative of the deceased’s estate must file the claim. In cases involving a child’s death, the claim must be filed by one or both parents or the legal guardian.
- Statute of limitations: Generally, wrongful death claims must be filed within two years of the date of death.
- Recoverable damages: Compensation may cover medical and funeral expenses, lost wages, and loss of love and companionship (capped at $300,000 for unmarried adults without dependents).
- Proof of negligence: The plaintiff must demonstrate that the defendant’s negligence or intentional actions directly caused the death.
Navigating these legal complexities can be challenging, especially while grieving. Our attorneys at Hilbrich Law Firm are here to guide you through each step of the process, ensuring your rights are protected and your loved one’s memory is honored.
Common Wrongful Death Scenarios
A wrongful death claim bears many similarities to a personal injury claim, though the main focus of the case is the deceased and the loss sustained by the loved ones. For obvious reasons, the victim cannot serve as the plaintiff in litigation, so a representative – often a surviving family member – must sue on their behalf. Some of the most common wrongful death scenarios stem from:
- Medical malpractice: The mistakes that health care providers make can be fatal. Our firm helps hold physicians and hospitals accountable for misdiagnosis or delayed diagnosis, surgical errors, Medication and pharmaceutical errors, failure to monitor and more.
- Motor vehicle accidents: Around 30,000 fatal crashes occur in the U.S. each year. Most auto accidents can be attributed to driver negligence, including speeding, using a phone, driving under the influence, or otherwise simply not paying attention to the road.
- Workplace accidents: Some workplaces remain very dangerous, especially construction sites. Wrongful death in the workplace occurs when negligence or breach of duty contributes to the death of an employee while in that space. Heavy equipment misuse, falling from an unsafe staircase, or being provided with inadequate personal protective equipment are all examples of issues and conditions that could cause fatal workplace accidents.
- Defective products: We assume that products must be extensively safety tested before they can be sold to the public, but this isn’t always true. Once a defective product reaches the market, the consequences can be deadly, and the manufacturer or seller may be liable for the fatality if it can be proven that their product caused someone’s death.
Wrongful death cases are sadly far more common than many realize. If you aren’t sure whether you have a claim, please contact our office for a free case analysis with one of our attorneys.
Filing Deadlines And Who May Sue For Wrongful Death
In Indiana, the statute of limitations for a wrongful death claim is typically two years from the date of death. This is the case even for the death of a child, or even if an ongoing criminal lawsuit is progressing at the same time.
Any claim of wrongful death generally must be filed by the personal representative for the estate of the deceased. Spouses and loved ones are typically appointed by the court to do so. If the claim focuses on the death of a child, the case must be filed by one or both of the child’s parents – in the event of a divorce, this must be the parent with legal custody or the recognized legal guardian of the child.
Which Financial Damages Can Be Recovered?
In a wrongful death case, liability is expressed in terms of financial damages. The intention is to ensure that certain surviving family members are compensated for losses incurred as a result of the death.
In Indiana, if an adult is not married and does not have any children or dependent next of kin, then the parents or children may recover, but the loss of love and companionship is capped at a total of $300,000. In that case, additional damages for medical, funeral, and burial expenses, as well as attorney fees, are recoverable.
Contact Our Caring And Attentive Attorneys For A Free Case Evaluation
If you believe you have a case for wrongful death, get in touch with Hilbrich Law Firm today. We have offices in Highland, Portage and Crown Point, Indiana, and we offer free case evaluations to all prospective clients. To schedule yours, you can reach out online or call 219-444-4330.