The loss of a loved one can be a sensitive and difficult subject. In that state of Indiana, a wrongful death lawsuit must be filed by a legal representative for the decedent. Typically, this person is a next of kin such as a spouse, child, parent, or sibling. The representative, or personal representative as it is commonly called, is appointed by the Court. If the deceased is a child, opening an estate in probate is not required. Rather, an claim may be brought by either of the child’s parents. Ultimately, you will want to contact a skilled Evansville wrongful death attorney to help understand the unique characteristics of your case.
WHY FILE A WRONGFUL DEATH LAWSUIT?
Accidents happen in large numbers every day. According to the Centers for Disease Control and Prevention, there were 135,928 accidental injury deaths in the year 2014. Unfortunately, car accidents account for the majority of preventable deaths in the United States. There can be both emotional and financial reasons for filing a wrongful death claim against a person or organization. The emotional toll on a family needs no further explanation. A large part of building a case is making arguments for non-economic losses such as loss of companionship or loss of consortium. Sometimes though, the person who is no longer with us was also the primary provider for the family. A wrongful death suit can help restore the family’s financial status to what it was before the loss. A competent attorney can calculate the amount of financial loss by computing information like lost wages, salary, employment history, and future lost earnings.
DAMAGES CAPS FOR EVANSVILLE INDIANA WRONGFUL DEATH
A common question is whether Indiana limits the amount of compensation for wrongful death. The short answer is it depends. The Wrongful Death Act highlights that there is no cap for damages under the statute. However, there is a cap for damages for certain adult individuals that have deceased. If an adult decedent has no spouse, children, or dependents, there is a total limit of $300,000 for recovery.
Lastly, there are circumstances that consider time limitations for a Wrongful Child’s Death. The child must be either less than 20 years of age or less than 23 years of age and enrolled in a specific kind of education. The only exception to the aforementioned rules is that of a wrongful death case that was caused by a government actor. In those situations, the cap for damages is $700,000.
HOW DO I KNOW IF A DEATH WAS “WRONGFUL”?
A wrongful death can result from almost any type of injury. The most common kinds of wrongful death cases are caused by:
- A trucking death that was caused by drowsiness or inattentive driving
- A motorcycle death caused by the negligence of someone else
- An accidental shooting death
- A death cause by an automobile collision
- A slip and fall or drowning injury
- Death caused by a pedestrian or bicycle collision
FREE EVANSVILLE WRONGFUL DEATH ATTORNEY CONSULTATION
Not only do we offer free consultations for your claim, but we don’t charge anything unless you win by settlement or your cause is decided by a jury. If you have lost a loved one due to the negligence of someone else, don’t hesitate to give us a call. Your emotional recovery may take the rest of your lifetime, but in the meantime financial recovery is something we can assist you with right away. Call Schnepper Law today at (812) 434-4898 or fill out a free contact form.