When an accident results in the death of a loved one, it can devastate family members. The family is often blindsided by grief and overwhelmed with sudden or new responsibilities. In Indiana, you may have the right to bring a wrongful death case against the person or entity responsible for the death.
If you believe you may be eligible to file a claim after a loved one passes, please contact the Indianapolis wrongful death lawyers at Price Waicukauski Joven & Catlin, LLC. Our experienced attorneys are here to assist clients who are the victims of wrongful death negligence in Indiana.
Standing is the term the law uses to determine if someone is able to file a lawsuit. The person who files must have a sufficient connection to the matter at hand for the court to hear his or her case.
Standing for a wrongful death case is based on the “something to lose” doctrine. In Indiana, the law presumes certain people connected to the deceased have lost something by the death and will continue to lose something unless the court holds the at-fault party responsible.
Some of these losses may include bills associated with emergency services, medical attention and care after an accident, as well as loss of property in a car wreck or other accident and financial support from future lost wages, emotional support, companionship or consortium. You should also be aware that under Indiana law, damages are not permitted to be paid based on the surviving family members’ grief.
Who Has Standing?
A wrongful death claim in Indiana must be filed by someone commonly referred to as the “personal representative” of the deceased individual’s estate. Still, damages can be awarded to the decedent’s husband, wife, children or other qualified people. When more than one person is eligible for the award, the court will determine how to split up the total damages amongst the victims.
Timing is Everything
If you believe you have a wrongful death claim in Indiana, it is important for you to note the claim must be filed within two years of your loved one’s death. If the claim is not made within that time period, the court can (and most likely will) refuse to hear the case.
If you would like to find out if you’re entitled to file a wrongful death case in Indianapolis or other parts of Indiana, please contact one our attorneys today.