Indiana Injury And Family Lawyer BlogFiling a Wrongful Death Lawsuit in Indiana
When the driver’s negligence or recklessness results in a fatal Indiana car accident, the accident victim’s surviving loved ones may file an Indiana wrongful death lawsuit. Wrongful death claims, which are essentially personal injury lawsuits where the injured person has died and is no longer able to bring a claim on their own behalf, can often be a means of recovering compensation following a tragic accident.
According to a recent news report, a tragic car accident left a couple’s six-month-old son dead. Based on reports from local authorities, the child’s mother was rear-ended by a semi-truck at a stoplight, and the boy died from his injuries following the accident. The child’s mother experienced minimal bruising and soreness, and the couple’s two-year-old daughter underwent surgery to repair a broken femur. The daughter also suffered multiple fractures in her skull but is reportedly in stable condition.
Indiana’s wrongful death statute defines the term “wrongful death” as one that was “caused by the wrongful act or omission of another” person or entity. The most common types of injuries that give rise to a wrongful death claim include negligence-based accidents, such as car crashes or personal injuries, medical malpractice, or intentional acts.
In Indiana, who is eligible to bring a wrongful death lawsuit depends on whether the deceased was an adult or a child. For children who passed away due to an accident, the claim must be brought by one or both of the child’s parents. In the event that the parents are divorced, the claim should be filed by the parent who has legal custody of the child. If a parent’s parental rights were terminated or the child’s parents are deceased, the child’s legal guardian is able to bring a suit on their behalf.
For adult accident victims, Indiana only allows the personal representative of the deceased’s estate to file a wrongful death claim. Although other states may have a more relaxed rule that allows family members to file on their behalf, Indiana only allows the executor of a deceased’s estate to bring such a claim.
Following a tragic accident resulting in a loved one’s death, it is crucial that you move quickly to file your claim. Although filing a lawsuit may be the furthest thing from your mind in the wake of the loss of a loved one, Indiana law requires that wrongful death claims be filed two years from the date of the individual’s death. This deadline applies whether the deceased was an adult or a child, and claims filed after this period are usually barred from being heard by the court.
Do You Need an Indiana Wrongful Death Attorney?
If someone you love recently passed away because due to another’s negligence, you may be eligible for financial compensation through an Indiana wrongful death claim. Attorney Burton A. Padove has years of experience representing clients in all types of personal injury claims and will ensure that you effectively pursue the compensation you deserve. To schedule a free consultation today, contact the Law Office of Burton Padove at 219-836-2200.