Why File a Wrongful Death Claim?

Did you lose a loved one in an unexpected and preventable accident, or due to someone else’s wrongful act? If so, you or other surviving family members may be entitled to seek accountability through a wrongful death lawsuit. The sudden loss of someone you care about can be especially difficult. In addition to intense grief, you may experience financial stress and hardship due to the loss of income your loved one provided.

We understand that no sum of money will make up for the loss of your family member. But you may be left with funeral costs, unpaid medical bills, and loss of household income through no fault of your own. You should not have to suffer financially as a result of a wrongdoer’s carelessness or misconduct. A wrongful death settlement can make up for lost income and help your family regain financial stability.

An Indiana wrongful death lawyer at Craig, Kelley & Faultless LLC can help you navigate the complex claims process so you can focus on grieving and rebuilding your life. Call us or fill out our online contact form for a free consultation to learn more about your legal options.

Who Can File a Wrongful Death Claim?

A wrongful death occurs when a person dies as a result of the negligent, intentional, or reckless conduct of another person or business. Indiana law specifies who is entitled to file a wrongful death claim and the types of compensation that may be sought. In Indiana, the right to file a wrongful death claim varies depending on the age of the person who died.

If the deceased person was a legal adult at the time of their death, the personal representative of the deceased’s estate has the authority to file a wrongful death lawsuit. This is usually a close relative such as a spouse. If the deceased had a valid will, the executor named in the will typically serves as the personal representative. The court may appoint a personal representative if the deceased died without a will or the executor cannot fulfill their duties as a personal representative.

If the deceased person was a child at the time of their death, one or both parents can file a wrongful death lawsuit. If the deceased child’s parents are divorced, the custodial parent must file. If the deceased child’s parents are both also deceased, their legal guardian must file.

For the purposes of wrongful death claims, Indiana law defines a child as a person who is:

• Younger than 20 years old and unmarried, with no dependents
• Younger than 23 years old and unmarried, with no dependents, and enrolled in a college, technical school, or another educational program at the time of their death
• A viable fetus, which is a fetus that can survive outside of the womb

How to File a Wrongful Death Claim

Here are the five main steps involved in filing a wrongful death claim in Indiana:

• Determine who is allowed to file – The first step involves reviewing the deceased’s records to determine which individuals have the right to file a claim. The executor would typically handle the case if the deceased left behind a will. Otherwise, it may be necessary to have the court appoint a personal representative.
• Complete pre-litigation tasks –Tasks involved in preparation may include establishing the deceased’s estate, investigating the circumstances surrounding their death, and identifying the at-fault parties. An experienced Indiana wrongful death attorney can handle these tasks.
• Negotiate a settlement, if possible – In some cases, the insurance company representing the at-fault party may offer a settlement to avoid going to court. If the settlement offer is acceptable, it can avoid the uncertainty and expense of litigation. However, if reaching a settlement is not possible, the next step is to proceed with the lawsuit.
• File the wrongful death lawsuit – Your attorney can initiate the wrongful death lawsuit by filing a complaint in court. When you file the necessary paperwork, all defendants you name as at-fault parties will be served with the appropriate information about the lawsuit.
• Proceed with litigation in court – Litigation will involve several important stages, including discovery. Many parties continue to try to negotiate settlements out of court at this stage. If they do not reach a settlement, a judge or jury will decide whether to award compensation and how much.

Types of Wrongful Death Claims

Every day, some families in Indiana experience the loss of loved ones due to traffic accidents and other violent incidents caused by another’s negligent conduct. Here are some common types of incidents that are the basis of Indiana wrongful death claims:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Boating and recreation accidents
• Sports accidents
• Unsafe premises accidents
• Dog bites and animal attacks
• Slips, trips, and falls
• Unsafe product injuries
• Dangerous drugs
• Workplace accidents
• Medical malpractice
• Birth injuries
• Nursing home abuse and neglect
• Acts of violence

Advantages of Filing a Wrongful Death Claim

When you lose someone close to you, you may have trouble focusing on the idea of filing a lawsuit. After all, no amount of money can ever bring back your loved one.

However, filing a wrongful death claim could benefit you and other survivors, including:

• Holding negligent parties accountable – A wrongful death lawsuit can hold the negligent party financially accountable for their actions and discourage similar behavior in the future. By focusing attention on unsafe behavior or intentional misconduct, the lawsuit may prevent other families from suffering similar losses.
• Obtaining fair compensation – The money you obtain from a wrongful death lawsuit can provide compensation for medical bills, lost income, funeral expenses, and the intangible costs of your pain and suffering. It can help ease financial stress.
• Finding a sense of closure – Seeking justice on behalf of your loved one can provide a measure of closure and relief after a devastating loss.

Benefits of Hiring a Wrongful Death Attorney

If you believe that you may have grounds for a wrongful death claim in Indiana, it’s best to work with a knowledgeable and compassionate lawyer. An experienced wrongful death attorney:

• Has in-depth knowledge of relevant laws, knows how to establish a strong case, and understands the process of pursuing a wrongful death lawsuit.
• Knows how to conduct a thorough investigation of the incident and develop a reliable estimate of the value of your claim.
• Can save you time and money by handling every detail of your case.

Contact Our Indiana Wrongful Death Lawyers Today

The Indiana wrongful death lawyers of Craig, Kelley & Faultless LLC will work to pursue full compensation that you and your family need if you have lost a loved one due to someone else’s negligence or misconduct. Our compassionate, dedicated, and skilled legal team is ready to get answers for you and to fight for a successful outcome. Reach out to our wrongful death lawyers today for a free initial case review.