Losing a loved one is difficult enough. It can feel even more tragic and unnecessary, though, when the loss occurs because of the negligence or actions of another. Although it won’t undo the circumstances that led to the person’s death, a wrongful death suit allows family members to collect compensation for damages and expenses resulting from the tragedy.
A wrongful death lawsuit is a civil action against the parties responsible for a person’s death. Lawsuits of this type can be levied against individuals and companies and can be litigated before, during, or after the responsible party has been prosecuted for criminal charges related to the incident. The outcome of a civil case has no legal bearing on a related criminal trial and vice versa.
In Indiana, wrongful death is defined as a death caused by the omission or wrongful act of another. Examples of situations that would fall in this category include a car accident where the person was under the influence of drugs or alcohol, a medical professional administering or prescribing the wrong medication, or knowingly selling a product that harms people without notifying the public of the risks. This list is by no means exhaustive, and it’s a good idea to contact an Indianapolis, IN personal injury and wrongful death attorney about the specific circumstances of your case.
If the court finds the defendant responsible for the death of the person, then the plaintiff may collect damages for expenses related to laying the victim to rest, medical and hospital bills, lost income the deceased would have earned, and attorney’s fees and other court costs. Unfortunately, Indiana does not allow for damages to be paid for grief. Additionally, the state caps the amount that can be recovered in a wrongful death suit at $300,000.
Wrongful death suits must be filed within 2 years of victims’ deaths. Although it may be painful, it’s important to contact an Indianapolis, IN personal injury and wrongful death attorney as soon as possible after the incident to start the process of submitting a claim. Get justice for your loved one by talking to an attorney today.
