Being faced with the sudden and unexpected loss of a loved one can be one of the most traumatic and emotionally taxing events one can ever experience.
It can feel unfair to lose someone prematurely, and when the cause of death is due to another’s negligent or intentional act or some form of reckless behavior, it can feel particularly unjust. While there’s sadly nothing that can be done to bring a loved one back, Indiana wrongful death lawyers Stewart & Stewart can help hold wrongdoers accountable for their actions and seek justice through the civil court system.
By filing a wrongful death lawsuit, you can seek financial compensation. No amount of money can make up for losing someone you love, but receiving a settlement can help ease financial burdens and deliver a sense of justice that the party who caused the death faces significant financial repercussions.
Indiana wrongful death lawyers can help you initiate wrongful death claims. To learn more about filing a claim to seek legal compensation, contact Stewart & Stewart Attorneys at (317) 933-8241.

What Is a Wrongful Death Claim?

A wrongful death claim allows a surviving family member to seek compensation in the event that a loved one has been killed as the result of another party’s actions (or failure to act when a duty was owed).

As opposed to filing criminal charges, in which the responsible party would potentially serve prison time if found “guilty,” a wrongful death claim is a civil matter that is limited to providing compensation to the wronged party – in this case, the surviving family member or the deceased’s estate.

The specifics vary by state, but according to Indiana law, only a surviving family member or the deceased’s estate can file a wrongful death claim. This could include spouses, children, and parents. A friend, distant family member, or other third party, on the other hand, is not eligible to file and seek legal compensation.

Situations That Lead to Wrongful Death Claims

There are a number of circumstances that can lead to fatal accidents or other incidences with catastrophic outcomes, including the following:

• Car and truck accidents: Of the nearly 6 million vehicular accidents that happen in the United States each year, approximately 42,000 have resulted in fatalities. While accidents do happen, if a driver was reckless or impaired at the time of the accident, they could be liable for the tragic outcome.  
• Workplace accidents: A workplace accident can happen in any setting, but some professions are inherently more dangerous than others, including construction, manufacturing, and transportation. The employer or a negligent third party could be liable for a workplace accident.
• Medical malpractice: Healthcare providers owe a heightened duty of care to their patients. If they fail to meet this standard and a fatality results, a wrongful death claim can be filed.  
• Premises liability: If a fatal accident occurs on someone else’s property, including a home or business, the tenant or property owner could be liable. The death could be the result of a slip-and-fall accident or an incident related to a lack of adequate security.
• Defective products: Consumers trust that the products they buy and use are safe. If a product harms someone because of an error in the design or manufacture of the product, the manufacturer, retail, and/or distributor could be sued for wrongful death.

Elements required for an Indiana wrongful death claim

Although the statutes for a wrongful death claim may vary, there are generally four principles that a case must meet, including:

• the death was caused, in whole or part, by the conduct of the defendant
• the defendant was negligent or strictly liable for the victim’s death
• there is a surviving spouse, children, beneficiary, or dependent
• monetary damages have resulted from the victim’s death

The attorneys at Stewart & Stewart law firm recognize the delicate nature of wrongful death cases, and use compassion and understanding when representing the families who have lost a loved one from a tragic situation. Hiring the wrongful death lawyers from Stewart & Stewart will ensure that your case is handled in a considerate and supportive manner.

Compensation Available in a Wrongful Death Claim

The types of compensation that can be recovered and the precise amount is determined on a case-by-case basis. Surviving family members may be entitled to the following:

• Medical expenses: The expenses incurred while treating the deceased in an attempt to save them may be reimbursable.
• Funeral and burial costs: Paying for a funeral is typically handled by the deceased’s estate, and these expenses can be provided for in a wrongful death claim.
• Property reimbursement: If there is any property damage associated with the fatality, the at-fault party may have to pay for repairs or replacement.
• Lost wages and loss of ongoing financial support: This figure is determined by calculating what the deceased would have earned during their career.
• Loss of services: If the deceased provided home maintenance, childcare, or other services, their dollar value may be reimbursed.
• Loss of consortium: Losing the companionship or intimacy of a loved one may warrant compensation.
• Pain and suffering: This form of compensation is permitted for the recovery of the deceased’s pain and suffering that occurred between the time of the injury and death.

While some states allow a surviving family member to recover for both the grief they’ve experienced and punitive damages, Indiana law does not allow for the recovery of either. As a reminder, punitive damages are meant to punish the party who is at fault; however, Indiana does not allow this recovery in wrongful death claims.

About Survivor Benefits

Several legal terms are often mixed up when discussing a wrongful death claim. For example, you might hear of a survival action and survivor benefits, which sound similar but mean something completely different.

A survival action compensates the deceased person for damages they could have pursued if they had survived. This is lumped in with a wrongful death claim but calculated separately. Survival action compensation can include pain and suffering, lost wages, and medical expenses, for example.

Survivor benefits, by contrast, provide support to assist a surviving spouse, child, or other dependents. To be eligible for survivor benefits, one need not prove wrongful death. Instead of being paid for by the at-fault party, survivor benefits are paid through certain programs, such as Social Security, workers’ compensation, or other insurance.

How Indiana Wrongful Death Lawyers Help Families

The last thing you’re likely thinking about after losing a loved one is filing a lawsuit, and that is 100% understandable. However, it’s important to realize that Indiana imposes a limit on how long you have to file negligence cases (referred to as the statute of limitations).

By hiring an attorney, you’ll have an advocate on your side who can handle the entire process for you.

Our clients trust us to help them with the following support:

• Investigate the claim. One of the first and most critical steps is determining what exactly caused the death and compiling a case against the responsible party or parties.
• Identify responsible parties. It’s possible that more than one person or entity is responsible for the death of your loved one. In a case where liability is shared, it’s important to identify who is responsible, both to ensure the negligent party is held accountable and to maximize the value of the claim.
• Calculate the value of a claim. The calculations involved in a wrongful death claim are complex, and there are several variables to consider. An insurance company is likely to offer a lowball amount or deny responsibility altogether. An attorney can be instrumental in determining a fair compensatory value.
• Negotiate on your behalf. In an ideal world, you would receive a generous settlement offer from the at-fault party. Often, however, there is a negotiation process that involves proving the extent of compensation that is fair for the surviving family members and/or the estate. A lawyer with experience in this area can aggressively advocate for you.
• Litigate in court if necessary. If settlement talks ultimately fail, the case may end up in court. Having an attorney represent you is essential, as you will need an experienced advocate to argue your case.

Contact an Experienced Indiana Wrongful Death Attorney

Stewart & Stewart Attorneys has an excellent reputation as personal injury and Indiana wrongful death lawyers. We understand that this is a difficult time, and you can trust our compassionate team to work diligently on your behalf. To discuss the circumstances of your tragedy and request a free consultation, call 800-333-3529.