Wrongful Death

 

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, a 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. If the loss of a loved one has brought you to this section of our website, you have my deepest sympathies and condolences for your loss.

 

Frequently Asked Questions

How do I know if a death was “wrongful?”

Examples of a wrongful death are: 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, or a death caused by a pedestrian or bicycle collision. Call our Evansville wrongful death attorney today for your free case review.

Are there damage caps for wrongful death cases?

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.

A Wrongful Child’s Death is also different. 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.

How long do I have to file an Indiana wrongful death claim?

? In Indiana, family members of the deceased have two years from the date of the accident to file a claim. If not timely filed, the claim is forever lost.

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At Schnepper Law, we are committed to serving our community during this global pandemic. In order to serve all of those in need of personal injury representation, we offer a variety of non-physical contactless ways you can reach us. No matter what your circumstances are, we are 100% committed to helping you with the proper personal injury representation during these uncertain times. 

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