The most distressing nightmare anyone can go through is the sudden death of a loved one because of someone else’s negligence; no amount of money compensates for a life. Nonetheless, a wrongful death settlement can ease the financial burdens for the family left behind. Many families wonder, “How are wrongful death settlements paid out?” In Indiana, wrongful death settlements are typically paid through insurance negotiations, structured settlements, or court-ordered awards, depending on the case specifics and the involvement of an attorney. At Blackburn Romey, our experienced wrongful death attorneys are here to help Indianapolis families secure the compensation they need and deserve.
Recovery of damages in a wrongful death case includes bringing a claim against a person or entity responsible. Wrongful death claims under Indiana law may be filed for everything from funeral expenses to lost earnings to mental suffering regarding the untimely, sudden loss of one’s loved one. These damages will be awarded either via one of two ways: insurance settlement or court judgment.
According to Indiana’s wrongful death laws (IC 34-23-1), damages in these cases are designed to address both economic losses (like lost wages) and non-economic harms (like loss of companionship). The total amount awarded can vary significantly depending on the unique circumstances of each case.
In many cases involving wrongful death, settlement is paid by an insurance provider for the negligent party. Very often, insurance companies seek a settlement in order to avoid the costs and other problems associated with prolonged litigation. Your attorney will negotiate directly with the insurance company seeking a fair settlement that represents the financial and emotional losses of your family.
Wrongful death claims happen whenever one dies from the negligent, reckless, or intentional act of another party. Common scenarios are:
In all these instances, the family members can claim compensation if they can show that the acts of the liable party directly caused their loved one’s death. Indiana law provides for the procedures and legal basis to be followed in filing such claims.
Only specific individuals are permitted to file a wrongful death lawsuit in Indiana, as outlined in Indiana Code IC 34-23-1. If the deceased was an adult, the personal representative of their estate is responsible for filing the claim. The settlement proceeds are then distributed to the deceased’s surviving spouse, children, or dependents.
Where the decedent is a child, it could be filed by his parents or guardians. There are, however, certain age and dependency limitations on that. The rules basically provide a kind of assurance that these wrongful death settlements actually flow to the people most devastated by such loss.
In valuing a wrongful death case, one will be required to account for the economic and non-economic damages. Economic damages would cover any and all calculable losses that have been incurred: medical expenses, funeral expenses, lost wages, benefits the decedent would have contributed throughout his life.
Non-economic damages compensate for emotional suffering, loss of companionship, and other intangible harms. These damages are supposed to account for the emotional void left by the deceased and the long-term impact on surviving family members.
In Indiana, the total amount awarded in wrongful death cases depends on factors like the deceased’s age, occupation, life expectancy, and the circumstances of the accident. It’s also worth noting that certain types of claims, such as medical malpractice, may be subject to statutory limits on damages.
To prove a wrongful death, you have to be able to show the negligent acts of another have directly caused the death of your loved one. In addition, evidence to prove that might include police or investigation reports of the accident, medical records indicating the cause of death, statements from an eyewitness, and expert opinions from either an accident reconstructionist or any other doctor.
An experienced attorney is essential to navigating the complexities of a wrongful death claim. From filing paperwork and negotiating with insurance companies to representing your family in court, your lawyer acts as both an advocate and a guide throughout the legal process.
At Blackburn Romey, we prioritize compassionate, personalized service for families dealing with unimaginable loss. Our attorneys understand Indiana’s wrongful death laws and have a proven track record of securing compensation for clients.
At Blackburn Romey, we are acutely aware of the pain and hardships that bereavement brings. Contact us today, either by calling (833) FOR-HELP or by visiting 4203 W Jefferson Blvd, Fort Wayne, IN 46804 to set up a free consultation, so we can assist you in obtaining fair compensation for the loss of your loved one.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.