Wrongful deaths are devastating and heartbreaking news, especially if you’ve lost a loved one through negligence or a preventable accident. Family members who have lost a loved one under these circumstances can file a wrongful death suit, but before you do, here’s what you need to know:
What is a Wrongful Death Suit?
A wrongful death suit is a personal injury claim that allows those close to the deceased loved one to file a lawsuit against the party who is liable. It provides compensation to help support family members who were dependent upon the person who has passed.
A wrongful death could be caused by many factors including:
- Work-related accidents
- Construction accidents
- Car accidents
- Motorcycle accidents
- Bike accidents
- Truck accidents
- Medical malpractice
- Defective products
- Drug-related accidents
- Intentional acts of violence
In Indiana, this includes accidents due to negligence such as car accidents and medical malpractices, as well as intentional acts like assault or murder.
How to File a Wrongful Death Lawsuit
The laws vary from state to state. In Indiana, immediate family members, spouses, children, siblings, and parents (all must be adults), are allowed to file a suit for the wrongful death of a loved one. In Indiana, family members have two years from the date of the death to file a wrongful death suit claim, which means that a family should consult with a lawyer as soon as possible to ensure a lawsuit is filed before time runs out.
To file a wrongful death suit, you must show that:
- The death of the person was caused by negligence or a wrongful act
- There are surviving beneficiaries–children, spouses, or dependents of the victim
- There are monetary damages that have resulted from the death
Types of compensation that can be claimed:
- Funeral and/or cremation expenses
- Medical expenses
- Loss of income, benefits, and financial support
- Pain, suffering, and mental health of survivors
- Loss of affection, parental guidance, companionship, and care
Foley & Small, Your Attorneys Ready to Help
If your loved one was a victim of wrongful death, our attorneys have experience with wrongful death suits. With our expertise, we can help you and your family determine if you should file a wrongful death lawsuit. Contact the attorneys at Foley & Small; we will help you!