At Custy Law Firm | Accident & Injury Lawyers, we understand that no amount of money can make up for the devastation that comes with the sudden and unexpected loss of a loved one. When the death of a family member is caused by the negligent act of another party, the pain of that loss can be especially devastating.
The family affected by a wrongful death deserves justice, and you may be experiencing financial strain in addition to grief. Compensation can help relieve the financial hardship related to your family member’s loss, such as medical expenses, loss of income, loss of long-term support, funerary costs, and pain and suffering.
If you’ve lost a family member as a result of someone else’s carelessness or recklessness, you don’t have to deal with the resulting financial pressures on your own. The compassionate Valparaiso injury attorneys at Custy Law Firm | Accident & Injury Lawyers are highly experienced in wrongful death cases such as your own. Because wrongful death claims are often highly complex, it’s important that you hire attorneys with the knowledge and qualifications to see your case through to a successful conclusion. We can help shoulder the strain of your situation and help provide for your future financial security, and peace of mind.
Call us today at (219) 286-7361 to schedule a free consultation with our Valparaiso attorneys. You’re not in this alone.
Indiana Wrongful Death Laws
You can bring a wrongful death lawsuit on behalf of the deceased family member. When a person’s death is caused by the wrongful or negligent act of another person, meaning the death would not have occurred if not for the act of the accused person, you have the right to sue for damages—according to 740 Indiana Compiled Statutes 180. A wrongful death lawsuit lays the foundation for the deceased’s family members to receive compensation for their losses stemming from the death and the impact the death had on the family.
The family member who files the lawsuit on behalf of the family is known as the personal representative. Examples of a personal representative include:
- The deceased’s spouse
- The deceased’s parent or legal guardian
- The deceased’s adult child
- The deceased’s appointed personal representative in an estate plan or will
In the case that the deceased person died without a personal representative available, the court may appoint a personal representative. The personal representative for the deceased’s family carries out the wrongful death claim and other important tasks related to the lawsuit.
Common Causes of Wrongful Death
A wrongful death may result from any number of tragic accidents. Following are some of the most common causes of wrongful death that we handle at Custy Law Firm | Accident & Injury Lawyers:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Bicycle accidents
- Defective products
- Work-related accidents
- Construction accidents
- Birth injuries
- Products liability
- Nursing home elder abuse
- Medical malpractice
- Dog attacks
The causes of wrongful death can vary widely, so it’s important to remember that the deceased’s surviving spouse, parents, and children may seek a wrongful death claim for nearly any type of accident that was caused by the wrongful, negligent act of another party, or parties, of there was more than one responsible party.
Compensation You Can Receive in a Wrongful Death Suit
The types of damages available to you in a wrongful death case can be broken down into two general categories: economic and non-economic damages.
Economic damages include measurable, verifiable monetary losses related to your suit. In a wrongful death claim, this might include:
- Funeral costs
- Loss of income
- Loss of benefits
- Medical expenses
Non-economic damages are more subjective, unquantifiable losses that can’t be put into an exact dollar amount. Examples of non-monetary losses include:
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Mental anguish
- Mental trauma
If you are suffering from depression, anxiety, or PTSD symptoms, we might hire a mental health professional to examine you. They can then testify on your behalf before a judge or jury.
While economic and non-economic losses can in no way make up for your grievous loss, the wrongful death attorneys at Custy Law Firm | Accident & Injury Lawyers believe it’s important for families to have the economic support they need in this time of hardship, and to also receive justice on behalf of the entire family.
Is a Wrongful Death Lawsuit the Same as a Criminal Lawsuit?
A wrongful death case and a criminal case are very different cases, even when based on the events surrounding the same death. A wrongful death case is a civil court where a judge tries the case. A personal representative carries out the lawsuit and any verdict by the judge, or liability, gets expressed only in terms of money and compensation.
On the other hand, the state or federal government carries out a criminal case against the accused, and the defendant’s verdict is punishable by prison time. You may file a wrongful death case in civil court even if the government is pursuing the accused as a criminal case.
How Long Do I Have to File a Wrongful Death Case in Indiana?
If you or a loved one experienced a wrongful death, and your family is impacted by the loss, you may be eligible to recover compensation for medical bills and suffering. Under Indiana wrongful death law, a judge can hold the accused person liable and require them to pay compensation if their acts caused the death of your loved one.
Every state has time limits on the types of lawsuits you can file called statutes of limitations. To file a wrongful death lawsuit in Indiana, you must file by the statute of limitations for the underlying type of case (medical, car accident, and product liability all have different time limits) or within one year of the deceased person’s death. Choose the date that is the latest, giving you more time to gather the information for your case.
In Indiana, personal injury cases (wrongful death qualifies as a personal injury) have a time limit of two years since the accident occurred, to get the lawsuit started in the Indiana court. Unfortunately, if you do not file your case within the statute of limitations, the court judges may not hear the case, and the defendant could win the lawsuit you’ve brought against them.
If you still have questions, concerns, or doubts about filing a wrongful death lawsuit in Indiana, it may be time to speak to an experienced lawyer.
Where Can I Find a Wrongful Death Lawyer in Valparaiso?
The lawyers at the Custy Law Firm | Accident & Injury Lawyers represent clients and their loved ones throughout Indiana who have suffered from a wrongful death in the family. We understand that the important long-term goals after going through such trauma is to hold the reasonable party accountable and to get medical bills paid and covered, make sure you or your loved ones do not suffer financially through any lost wages, and make sure the appropriate party will pay for future costs and emotional suffering relating to your loved one’s death.
When choosing a wrongful death lawyer to represent your family, it is important that you look for a firm that has a lot of experience handling cases like yours. Bringing complex personal injury cases to court can time consuming. Therefore, make sure that you choose a firm with the knowledge and experience to handle even the most complex matters in court.
The personal injury attorneys at Custy Law Firm | Accident & Injury Lawyers have a thorough understanding of the Indiana laws related to wrongful death claims, and we will handle every legal aspect of your case, so you can focus on your family needs. We will ensure that all of your paperwork is filed properly, and that every deadline is met. We will conduct a thorough investigation of your case, hiring industry-leading expert witnesses, when needed, and we will negotiate skillfully on your behalf. We will also fight for your fiercely in court, if needed. We will do everything it takes to ensure you receive fair compensation.
While these cases can be time-consuming, Custy Law Firm | Accident & Injury Lawyers will do everything in our power to handle your case efficiently and expeditiously, so you can focus on your family needs.
Our experienced attorneys at the Custy Law Firm | Accident & Injury Lawyers will discuss your situation and go over the options available to you, as well as work with other agencies involved in your case to make sure your needs handled fairly and with care.
Contact Custy Law Firm | Accident & Injury Lawyers
If you lost a loved one due to someone else’s negligence or a wrongful act, contact an experienced Valparaiso injury lawyer to represent you and your family. You could be owed compensation for funeral and burial expenses, final medical bills, and other losses. Call the lawyers at Custy Law Firm | Accident & Injury Lawyers in Valparaiso at (219) 286-7361 if you are ready to bring your case to court. All our initial case evaluations are no cost to you to discuss your legal options.
