Indiana Injury And Family Lawyer BlogUnderstanding Indiana Wrongful Death Lawsuits
Following the sudden and unexpected loss of a loved one, filing a lawsuit may be the furthest thing from your mind. Losing someone you love, however, is difficult in multiple respects. In addition to losing someone you deeply cared for, you may also have been relying on them for financial or emotional support. Although nothing can reverse your loss, a wrongful death personal injury lawsuit could be the answer to addressing some of the gaps that take place after the sudden and unexpected loss of a loved one.
According to a recent local news report, a wrong way accident resulted in one driver dead and another seriously injured. Based on a preliminary investigation by Indiana State Police, a Nissan was traveling eastbound in westbound lanes when it crashed into a Honda head-on. The driver of the Nissan was declared dead at the scene and the driver of the Honda was transported to a local hospital with potentially life-threatening injuries. Local authorities closed the westbound lanes of the toll road where the accident took place for several hours to investigate, which caused significant traffic jams and delays as emergency crews cleared the accident. Although the accident remains under investigation, local authorities believe that alcohol or drugs may have been a factor in the accident.
Indiana, like other jurisdictions, has state-specific rules about the details of bringing a wrongful death case. For example, not anyone is eligible to file a wrongful death suit. Although some states allow specific family members or even individuals who were substantially financially dependent on the deceased to bring a wrongful death claim, Indiana only allows the deceased’s personal representative to file a wrongful death claim if the deceased was an adult. If the deceased was a child, however, the claim can be filed by one or both of the child’s parents or by the child’s legal guardian.
Indiana’s statute of limitations is also relatively short. All personal injury lawsuits must be filed within two years from the date of the deceased’s passing. If the lawsuit is filed late or outside of that two-year time period, it is likely that you will be barred from bringing the claim at all and you may be losing out on your opportunity to collect compensation.
Finally, understanding what types of compensation may be recovered in a wrongful death case in Indiana is crucial. Depending on whether the deceased was a child or an adult, the types of damages available vary. Generally, expenses related to medical and hospital expenses, loss of love and companionship, and funeral and burial expenses are recoverable. The amount available for recovery, however, may vary depending on the category of compensation and additional circumstances of the case.
Do You Need an Indiana Wrongful Death Lawyer?
If you recently lost someone you love in an Indiana personal injury accident, contact attorney Burton Padove for assistance today. Mr. Padove has been fighting for the injured for nearly 40 years and will provide you with the support and expertise you need to proceed with your claim with ease. To schedule a free consultation today, contact us at 219-836-2200.