If you have lost someone to an accident or wrongful death, you may be eligible for financial compensation. At Hoosier Injury Attorneys, we represent accident victims and their families in Indiana. We have helped many victims and their families obtain justice for their losses. If you or your family member was killed by another driver, you may be eligible for wrongful death benefits. Our "Wrongful Death Lawyer Terre Haute, IN" can help you with your case. Call our office today for a free case consultation. Hoosier injury Attorneys Terre Haute, IN
Hoosier Injury Attorneys
Wrongful Death Lawyer Terre Haute, IN
619 Cherry St
Terre Haute, IN 47807
(812) 382-9242
If you are grieving the loss of a loved one in a fatal accident, you may have questions about whether a wrongful death lawyer is necessary. Many families wonder if they should hire a wrongful death lawyer, and others wonder if a wrongful death lawyer is worth the cost. The short answer is that a wrongful death lawyer can provide invaluable assistance to grieving families who have lost a loved one to a fatal accident. It is important to remember that a wrongful death lawyer is not a replacement for a personal injury lawyer. While a wrongful death lawyer may represent the family in filing a lawsuit against the responsible parties, it is still imperative that a personal injury lawyer be hired to assist with obtaining full compensation for the wrongful death. When choosing a wrongful death lawyer, it is important to seek a lawyer who will be able to provide the family with the most effective representation possible. At Hoosier Injury Attorneys Terre Haute IN, our wrongful death lawyers have years of experience representing clients in cases involving wrongful deaths. We know how important it is to recover the maximum amount of compensation and we are committed to helping families obtain justice after a death due to medical malpractice or other negligence.
If you are a parent, spouse, or other family members of a person who died because of another’s negligence, you may be entitled to monetary damages for your loss. The Indiana wrongful death statute provides that an action may be brought by “the surviving spouse, children, father and mother, brothers, sisters or next of kin of such deceased person” to recover “for the death and for the grief of mind and sorrow of heart suffered by them as a consequence of such death.” In addition, you may be entitled to recover damages for the pain and suffering endured by you, your spouse, and any children of your marriage. These damages may include the following:
• Loss of earnings, support, services, consortium, society, companionship, guidance, care, training, and counsel
• Loss of inheritance
• Loss of the decedent’s love, affection, and companionship
• Mental anguish, grief, and bereavement
In order to file a claim, you must establish that the other party owed a duty of care to the decedent, that the other party breached that duty, and that the breach was a proximate cause of the death. The term “wrongful death” is used to describe situations where the defendant’s conduct was deemed to be so egregious that it is considered “wrongful.” The wrongful death claim will involve expert testimony as to the cause of death, which may be difficult to establish. In many cases, experts may testify that the defendant’s conduct was a substantial factor in causing the death, but the plaintiff must still prove that the death would not have occurred had the defendant not been negligent.
In Indiana, a wrongful death claim is governed by a two-year statute of limitations. This time limit is applicable to all wrongful death cases, regardless of the cause of death. Wrongful death claims are brought on behalf of the estate of the deceased and are brought under Indiana Code 34-23-1-1. This statute states that a person must file a claim within two years after the decedent’s death. The statute does not allow for extensions or any other exceptions. This includes any wrongful death claims caused by medical malpractice, nursing home abuse, auto accidents, trucking accidents, or construction accidents. Wrongful death claims can only be filed by the personal representative of the deceased’s estate. In some cases, the personal representative of the estate is the deceased’s spouse, child, or other close relatives. In other cases, the personal representative of the estate may be the deceased’s lawyer. Regardless of who the personal representative is, the claim can only be filed by a person who has been appointed by a court. For example, if the deceased was married, but not legally divorced, then the personal representative of the deceased’s estate could be his spouse. If the deceased was never married, then the personal representative of the deceased’s estate could be the deceased’s closest living relative.