Wrongful Death: Our Attorneys Seek Justice For Families
There is nothing more difficult than the unexpected loss of a loved one. Surviving family members are left to grapple with the immense emotional consequences and, in many cases, overwhelming financial burdens associated with a wrongful death. If your loved one was killed as a result of another person, company, or entity’s negligent or intentional actions and you are looking for answers, Garau Germano, P.C., can help. Our Indianapolis wrongful death attorneys can help you determine if you are entitled to take legal action against the liable party and, if so, can help you fight for justice and the fair recovery you and your family need and deserve.
What Is Wrongful Death?
In general, a death is considered “wrongful” if it was the result of an act of negligence. A death may also be “wrongful” if it was caused by intentional actions, such as an assault. In any case, wrongful death proceedings are civil actions, separate from any criminal proceedings that may take place.
In wrongful death cases, plaintiffs (or the people bringing the claim) seek compensation for damages, such as medical treatment prior to death, funeral/burial expenses, loss of support (emotional and/or financial), loss of companionship, and more.
Wrongful deaths can occur as a result of many different events, including but not limited to:
- Medical malpractice
- Birth injuries
- Car accidents
- Truck accidents
- Motorcycle accidents
- Defective products
- Dangerous premises
- Pedestrian accidents
- Bicycle accidents
This list is not exhaustive; if your loved one was killed and you believe that another person or entity was at fault, reach out to our legal team to discuss your situation as soon as possible.
Who Can File A Wrongful Death Lawsuit?
In Indiana, the personal representative of the deceased’s estate will be the one who technically brings the wrongful death claim. That being said, a surviving spouse, child (including adopted children), or parent may bring a claim. If there are multiple eligible parties, the court will decide how any awarded damages are distributed. Indiana wrongful death laws are somewhat complex, so it is important that you speak to an experienced attorney.
Statute Of Limitations For Wrongful Death In Indiana
Wrongful death claims in Indiana are subject to a two-year statute of limitations. In other words, you have until the second anniversary of your loved one’s death to file a lawsuit against the responsible party. If a claim is not filed within this timeline, you will essentially lose your right to sue and will be unable to recover compensation for your loved one’s death. This time limit does not change if the case involves the death of a child or if there is a criminal case proceeding at the same time.
What Damages Can I Recover In A Wrongful Death Claim?
Recovering the damages your family deserves after the unexpected passing of a loved one can bring peace of mind knowing your expenses are covered and the negligent party was brought to justice. According to Indiana law common types of damages that can be recovered include:
- Medical expenses
- Funeral and burial expenses
- Lost wages and benefits the deceased would have earned