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Bringing a wrongful death claim

Posted by Ken Doane | Jan 29, 2018 | 0 Comments

When people pass, it can be quite devastating in general. However, the death of a loved one that happens due to someone's negligence can be even more heart-wrenching.

In such instances, a wrongful death claim may be an available recourse. There are a few important things to keep in mind when looking into bringing such a claim. 

Timing

Timing can be critical to the claim process. Not only do claimants need to make sure they file their claims within the allotted timeframe, but they must also collect certain evidence before it is too late. For example, if the death occurred outside, the elements may affect any evidence on the ground. A photo can serve as a good way to preserve evidence if people cannot physically collect it. Also, a written testimony may be helpful should the case take a while to go through the claim process.

Claimants

Indiana's wrongful death statute fully explains who may file a claim and details the claim process. To begin a claim, an estate representative must file the claim. Individuals who could potentially be eligible to receive a damage award in wrongful death claims include: 

  • A spouse
  • Children
  • Parents

In the case that a court awards damages and there is more than one recipient, the court determines how much of the total award each party may receive. Depending on the severity and cause of the accident, the state may also decide to pursue a criminal case against the defendant.

Types of damages

There are a few different types of damage that a claimant may seek during a wrongful death claim in Indiana:

  • Medical bills and expenses
  • Funeral and burial costs
  • Court fees
  • Lost wages of the deceased

The courts may award damages up to $300,000. Depending on the type of damages, they may go directly to the beneficiaries or the estate. 

These are a few of the aspects to keep in mind when it comes to wrongful death claims. If you are considering a claim, speaking with a knowledgeable attorney may help to determine the best course of action.

About the Author

Ken Doane

Ken is an experienced personal injury attorney and practices in southern Indiana and the metro Louisville area. Ken and his team handle every aspect of his clients' cases from pre-suit settlement negotiations through jury trial and appeal, if necessary. He has practiced for over 22 years and has ...

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