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Indiana Wrongful Death: Seeking Justice For The Loss Of A Loved One

Losing someone you love is one of the most painful experiences you can endure. It is infinitely more tragic when their death was caused by an accident or act that was someone else’s fault. At Patel Defense, LLC, our legal team understands the deep emotional and financial toll this can take on you and your family. No amount of money can bring back your loved one after a tragic accident. But you should not have to suffer financially because of your loved one’s death.

Attorney Monish Patel founded his law firm to seek justice for his clients and protect their rights. With offices in Indianapolis and Noblesville, he will fight for your right to recover compensation for damages. He is an experienced litigator who can handle complex injury cases, while also providing one-on-one compassionate support for his clients who are suffering.

What Does Wrongful Death Mean?

Wrongful death occurs when a person dies as a direct result of another person’s negligence or intentional harm. Indiana law allows the surviving family members to file a wrongful death lawsuit to seek compensation for the loss of their loved one. Wrongful death claims can arise out of:

Indiana statutes provide the legal framework that permits loved ones to sue when a tragic accident or incident caused by someone else’s negligence or wrongdoing results in the death of their family member.

Who Can File A Wrongful Death Lawsuit In Indiana?

In Indiana, certain individuals have the right to file a wrongful death lawsuit. Typically, the personal representative of the deceased’s estate files the claim. This representative is often a spouse, parent or adult child of the deceased. If the deceased died without a will, the court will appoint a representative to pursue a wrongful death claim. If the deceased was a minor, the parents usually have the right to file the lawsuit. It is important to consult with an experienced personal injury attorney to ensure you meet the eligibility requirements to file a wrongful death claim.

What Kinds Of Damages Can Be Recovered In A Wrongful Death Lawsuit?

Generally, there are three types of damages that can be sought during a wrongful death lawsuit. These factors can include:

  • Economic damages: These are quantifiable losses, such as medical expenses, funeral costs and lost wages.
  • Noneconomic damages: These refer to the emotional and psychological impact of the loss, such as pain and suffering, and loss of companionship.
  • Punitive damages: In some cases, if the conduct of the responsible party was especially egregious, it may be possible to seek punitive damages. Punitive damages are meant to punish a wrongdoer. Punitive damages also serve to deter similar behavior in the future.

An experienced wrongful death attorney will be able to evaluate your case and advise you on the types of damages you may be able to recover. For example, if your loved one was killed as a result of a drunk driving accident, you may be able to seek punitive damages.

How Are Wrongful Death Settlements Calculated?

Damages in a wrongful death lawsuit are calculated by adding up the economic and noneconomic damages. Calculating wrongful death settlements involves various factors to ensure fair compensation for the survivors. Damages can include calculations for:

  • Medical expenses: Any medical costs that were incurred prior to death can be reimbursed in a wrongful death action.
  • Funeral expenses: A wrongful death action can seek compensation for funeral costs and burial expenses.
  • Lost wages: Any measurable income that was lost as a result of the decedent’s injuries can be claimed in a wrongful death lawsuit.
  • Loss of companionship: This includes compensation for the emotional pain and loss of love and affection suffered by the surviving family members.
  • Pain and suffering: This includes the mental anguish experienced by the surviving family members due to the loss of their loved one.
  • Loss of services: The value of household services the deceased provided can be compensated during a wrongful death action. For example, child care, cleaning and other contributions to the household are assessed as potential damages.
  • Loss of future income: The financial support that the deceased would have provided to the family if they had lived can be recovered in a wrongful death action.

An experienced personal injury lawyer can help assess your case and incorporate all of these factors into your wrongful death claim. Attorney Patel’s goal in a wrongful death action is to work toward obtaining a settlement that reflects the true extent of your loss.

Consult An Indiana Wrongful Death Lawyer

At Patel Defense, LLC, our legal team is committed to helping you seek justice and obtain the compensation you deserve. Losing a loved one is never easy, but you don’t have to navigate this challenging time alone. Contact us today for a free case evaluation and consultation. Let us help you hold those responsible accountable and secure the financial support you need to move forward.

To schedule an appointment, call our office at 317-643-5459 or send us a message through our website. We look forward to telling you more about how we can help you through this difficult time.