Indiana laws allow certain survivors of a person who has been killed as a result of the negligence of another to file compensation through a wrongful death claim. Such claims can help survivors recover compensation for lost benefits, loss of parental guidance, and a number of other damages.
Who can file a wrongful death claim in Indiana?
Under Indiana law, the personal representative of the deceased’s estate is eligible to file a wrongful death claim to recover damages. However, damages may be distributed among several eligible parties including the deceased’s spouse, children and others.
You must file a wrongful death claim within a specified time limit for your claim to be valid. Failure to file a claim within this period of time may render your claim null and void. It’s necessary to speak with an Indiana wrongful death attorney to understand whether you have grounds for filing a claim, and the procedure for filing a claim.
What are the damages available in a wrongful death claim?
Through a wrongful death claim, you may be able to recover several damages, including loss of the deceased’s financial support. That financial support can include both the wages and salaries that the deceased earned, and also benefits for which he or she would have been eligible. If the deceased incurred medical expenses before he died for treatment, those expenses can also be included in your claim. Besides, spouses and children may also be eligible for other damages that include loss of parental guidance, loss of consortium, loss of care, companionship and affection. They can also recover damages for funeral and burial expenses. However, damages in a wrongful death claim are not unlimited.
Contacting a qualified and experienced medical malpractice and personal injury is of utmost importance if you believe you may qualify for a claim. The Indiana wrongful death attorneys at Montross Miller Muller Mendelson Kennedy represent persons who have lost loved ones as a result of others’ negligence.