The loss of a close family member to an accident that never should have happened is one of the most heartbreaking experiences that any person can endure in life. At Wade Injury Lawyers we understand that the tragic and unnecessary loss of a loved one can leave you angry and confused. There is nothing more challenging than losing a loved one in an accident because of the fault, error, or intentional act of another party, and survivors of the deceased deserve to be compensated for the unexpected and preventable loss of life. 

During the most stressful times, you need an expert Indianapolis wrongful death attorney at your side. Our lawyers understand all the nuances of Indiana’s wrongful death laws and the compensation issues involved. We are here to answer your questions, explain your options, and help you take action.  

Understanding Wrongful Death in Indianapolis 

Wrongful death refers to a situation where an individual’s death results from another’s wrongful actions or negligence. This means the deceased person lost their life due to someone else’s failure to act properly or a direct, wrongful action. In Indiana, wrongful death is seen as a preventable tragedy. It represents a loss that should never have occurred if the responsible party had acted as they should have. In Indianapolis, such a death is considered wrongful if the victim, had they lived, could have pursued a personal injury lawsuit against the responsible party. 

Liability in wrongful death cases hinges on proving that the victim’s death directly resulted from the defendant’s negligent or intentional actions. In other words, the death must be a direct consequence of the defendant’s carelessness or malicious intent. 

Who and When Can File a Wrongful Death Claim in Indianapolis?  

In Indianapolis, the right to file a wrongful death lawsuit varies depending on whether the deceased was an adult or a child.  

For adults, the personal representative of the deceased’s estate is responsible for filing the lawsuit. This is typically the executor named in the will, if no will exists a court-appointed representative. Those who may be appointed as personal representatives include surviving spouses, adult children, parents, or siblings. 

When the deceased is a child, one or both parents can file the lawsuit, or the child’s legal guardian if both parents are deceased or parental rights have been terminated. 

Additionally, it is crucial to be aware of the time constraints for filing a wrongful death claim in Indiana. Regardless of the deceased’s age, the lawsuit must be filed within two years from the date of death. This time limit, known as the statute of limitations, is strict. Missing this deadline can bar the chance to pursue compensation through the legal system. 

What Damages Can Be Recovered in Wrongful Death Claims in Indianapolis? 

In wrongful death claims in Indianapolis, different types of damages are recoverable. These include: 

• Loss of the deceased’s income, wages, and financial support. 
• Loss of benefits, such as life insurance. 
• Loss of love, affection, care, companionship, and, for children, parental guidance. 
• Medical expenses incurred from the time of the accident until the victim’s demise. 
• Costs related to burial, funeral, or cremation. 
• Attorney fees 

However, there are limitations on the damages available. For adult victims, Indiana caps the compensation for loss of love and companionship at $300,000. Notably, there is no provision for compensating personal grief, punitive damages, or lost future earnings under the Adult Wrongful Death Act. 

In child wrongful death cases in Indianapolis, parents may seek damages for lost services, love, and companionship, as well as medical and funeral expenses. Under the Indiana Child Wrongful Death Act, a “child” means an unmarried individual under 20, or under 23 if a student, with no dependents. There are no caps on these damages, unlike adult cases. However, they apply only until what would have been the child’s 20th birthday (or 23rd if in education), or the death of the last surviving parent, whichever is earlier. 

How Wade Injury Lawyers Will Help You 

At Wade Injury Lawyers, we are focused on helping clients navigate every aspect of the legal process. When you reach out to our Indianapolis law office, our Indianapolis wrongful death attorneys will hear your story, answer questions, and explain your options. They will carefully investigate the accident and assemble the necessary evidence to prove liability. We will handle all of the paperwork and represent you in any settlement negotiations. If necessary our Indianapolis wrongful death lawyers will take the claim to court to recover the full compensation you deserve. 

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Take Action With Wade Trial Lawyers Today

Your time to act is now. At Wade Trial Lawyers, our mission is to restore the lives of accident victims with resolute legal advocacy and aggressively defend the rights of the criminally accused. We want you to feel confident, protected, empowered, and motivated to fight for your rights. Trust our assertive and detail-oriented firm to champion your rights against insurance companies, corporate entities and the government.