If you’ve recently lost a loved one due to someone else’s negligence, you may be entitled to file a wrongful death lawsuit in Indiana. Wrongful death claims can help grieving families secure justice and financial compensation for their loss. Here at Blackburn Romey, we have had considerable experience with these types of cases, providing gentle, competent guidance to many Indiana families. Let’s consider what a wrongful death lawsuit involves and how to initiate an action.
A wrongful death lawsuit is a legal claim filed when a person’s death is caused by someone else’s negligent or intentional actions. The state’s laws under Indiana Code 34-23-1 and 2 govern these claims.
Under state statutes, wrongful death claims must meet various requirements:
The Indiana National Compendium provides additional legal context, highlighting that wrongful death claims are designed to hold responsible parties accountable for their actions under Indiana Code 34-23-1 Indiana National Compendium, Wrongful Death Section.
The lawsuit has the main aim of providing monetary support and giving justice to the surviving family. Such claims are meant to:
By filing a wrongful death claim, families can secure financial stability during a challenging time and focus on healing while legal professionals handle the complexities of the case.
In Indiana, a wrongful death action for adults is brought by the personal representative of the decedent’s estate. That usually is a person named in the decedent’s will or one appointed by the court. Damages recovered are distributed to the decedent’s spouse, dependents, or next of kin.
The law allows compensation for everything from medical expenses and loss of income to loss of companionship. However, state law does place a cap on non-economic damages in wrongful death claims involving unmarried adults without dependents. The specific limits can be found in state statutes referenced by the Indiana National Compendium.
When a minor child dies due to someone’s negligence, the parents or legal guardians typically file the claim. Compensation may cover medical and funeral expenses, as well as the emotional distress suffered by the parents. In some cases, damages for the loss of the child’s lost earnings can also be sought.
According to Indiana Code 34-23-1, the law provides that a wrongful death lawsuit claims must be filed within two years from the time of death of the deceased.
Factors that would determine the timeline of a case for wrongful death include :
The Legal Information Institute at Cornell Law School explains that the state’s two-year statute of limitations ensures that wrongful death claims are brought within a reasonable timeframe while evidence is still available to support the case.
The first step is to consult a proficient wrongful death attorney. This initial consultation is very important because it allows the attorney to review your case, explain all your legal rights, and also take you through some complex procedures involved in the process.
Collecting evidence provides the proof that supports your case. Medical records, accident reports, witness statements, maybe even expert testimony may make up evidence. Your attorney is there to help you make the collection and organize it because all this information will make the difference in proving whose fault it was and portraying how much you lost by such an accident.
When you have collected enough evidence, your lawyer will draft a complaint on behalf of the decedent’s estate. Understand the complaint as a demand for justice. It details how the defendant was negligent and points out the damages one is seeking.
Upon filing of a complaint, both the parties enter into what is known as pre-trial proceedings. You will then exchange information and evidence under a process called discovery. This is also a good time when mediation discussions are considered where you can actually negotiate a settlement. Many wrongful death cases settle here at this stage.
If a settlement agreement is not possible, then a case will proceed to trial. At trial, a jury decides whether the defendant is liable and awards the amount of damages.
Damages in a wrongful death lawsuit are recoverable by families to account for both financial and non-financial losses due to the death of their loved one. Economic damages usually cover medical bills, funeral expenses, and lost income; non-economic damages include emotional distress and loss of companionship.
At Blackburn Romey, we understand the pain of losing a loved one because of someone else’s negligence. Our compassionate team of Indiana’s wrongful death attorneys is here to guide you through the legal process. We will work hard to get you the compensation you deserve. Contact us today at (833) FOR-HELP.
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.