Crown Point, Indiana, Who Can File an Indiana Wrongful Death Claim?

Apr 1, 2020 6:05 PM ET

Losing a loved one is never easy. When a person loses a valuable family member due to natural causes or reasons that no one was able to control, there is often nothing one can do except try to ease themselves through the mourning process. However, if a person lost a loved one due to the fault of another person they do not have to deal with the extreme emotional pain on their own. Anyone in such a situation should get in touch with a wrongful death attorney in Crown Point, Indiana to begin the litigation process against the guilty party.

According to the wrongful death statute in Indiana, wrongful death is when a person dies due to the wrongful actions of another party. Family members and close relatives of the deceased individual can step in after their death and seek to establish liability of the guilty party and seek monetary damages to help them recover from their loss. The personal representative of the deceased individual must file the wrongful death claim. If the deceased was a child, then the legal parent or both parents must file the claim for it to go through in court.

Individuals who are entitled to gain damages from a wrongful death claim include:

The deceased person’s spouse
The deceased person’s children
The deceased person’s dependents

Indiana laws allow the grieving to get damages to cover funeral expenses, lawyer fees, medical bills, and any lost wages they will miss out on now that their family member is no longer with them. However, in Indiana, the cap for wrongful death lawsuits is $300,000 and individuals are also generally not allowed to be compensated for grieving and emotional suffering. However, if it was a child who passed away then individuals can get damages for loss of love, services, and companionship.

Individuals may also be entitled to receive compensation for counseling services for grieving siblings and parents.

How much time do I have to file my wrongful death claim in Indiana?

According to the statute of limitations in Indiana, a person has two years from the date of death to file a legal claim against the guilty party. If this time limit is not adhered to, then the court will generally refuse to consider moving such claims on to the next level.

Whether a person lost a loved one in a car accident, an elevator accident, a nursing home abuse incident, or due to any wrongful act of another person or business, they should not hesitate to get in touch with a legal representative to help them recover some form of compensation for their unnecessary suffering.

 Of course, monetary compensation will not be able to make up for the extreme amount of grief and pain a person who loses a loved one must endure, but it can at least help lift the financial strains that often accompany death such as paying for funeral expenses or paying for the medical bills that lead up to the death of the family member.


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