Wrongful death in Indiana
Human life is fragile. An auto accident, mislabeled pills, or an act of violence can end a life far too easily and leave loved ones struggling both emotionally and financially to cope with the loss. Wrongful death—premature death caused by the negligence or misconduct of another—is a civil wrong addressed by those who cause it paying compensation to those who suffer as a result.
In Indiana, the wrongful death statute sets two years from date of death as the window for filing a legal action. Despite tragic circumstances, a personal injury attorney involved from the outset of an accident is better positioned to build a strong case for wrongful death.
Brought by the estate of the deceased, a wrongful death action seeks economic and non-economic damages for the loss of a loved one. Damages take the following forms:
- Expenses. Medical, funeral, and burial costs
- Estate fees. Reasonable estate management costs
- Earnings. Loss of future earnings, including retirement benefits the deceased would have earned
- Companionship and comfort. Loss of company, guidance, and emotional support by children, parents, and spouse
Wrongful death matters are complicated and require proof of negligence on the part of the defendant. In our practice, we find defendants commonly attempt to establish the victim was at greater fault for the accident that caused their death. Experienced legal counsel is important.
Life is fragile. Money cannot restore a loved one but can address the negligence of those who take a life by mistake.