There is no true “average” wrongful death settlement. Each one depends on numerous factors unique to the situation. Seeking the guidance and support of an experienced Indiana wrongful death attorney is the best way to understand your legal options and the value of your case.
Losing a loved one is an emotional time, especially when a loved one’s death is the result of an accident caused by a careless individual. Money can’t ease the pain, but it can help with a family member’s final expenses.
At Truitt Law Offices, our wrongful death lawyers take the time to listen to you. For over 40 years, our Fort Wayne personal injury team has dedicated themselves to helping clients like you seek justice and compensation following the loss of a cherished family member due to the carelessness of others. We strive to hold at-fault parties responsible for their actions and pursue meaningful compensation for families.
If you’ve lost a loved one in an accident caused by someone else, you may have legal options to hold that party accountable for their actions. Contact our office today for a free and confidential legal consultation.
How Is a ‘Wrongful Death’ Defined in Indiana?
In Indiana, wrongful death is defined as a death “caused by the wrongful act or omission of another.” In less official terminology, wrongful death occurs through another party’s negligent actions or misconduct.
Wrongful death lawsuits are, therefore, a lot like personal injury lawsuits. In a personal injury lawsuit, an accident victim can use the civil legal system to pursue compensation for their injuries and losses caused by the careless actions of another. In a wrongful death lawsuit, unfortunately, the victim has passed away and cannot advocate for themselves, meaning someone else must pursue the case on their behalf.
Some of the accidents or events that can potentially trigger a wrongful death lawsuit in Indiana include:
- Negligence-based accidents like motor vehicle accidents or construction accidents
- Medical malpractice
- Intentional acts, such as criminal acts or violence
A wrongful death lawsuit is a civil lawsuit, not a criminal one. The goal of a wrongful death case is to pursue compensation to cover the final expenses and other losses of the deceased on behalf of their estate or surviving family members.
Who May File a Wrongful Death Suit in Indiana?
Every state has unique rules governing who can file a wrongful death lawsuit. In Indiana, only the personal representative of the deceased individual’s estate — also called the executor — can pursue a wrongful death lawsuit on behalf of the deceased. The personal representative is typically named in the deceased’s will or estate plan.
If a wrongful death case involves a minor, a wrongful death case can be brought by one or both parents. If the child’s parents are divorced, only the custodial parent can file a lawsuit on behalf of the child.
What Factors Can Affect the Amount of an Indiana Wrongful Death Settlement?
The value of a wrongful death case depends on several specific factors, such as the nature of the accident, the severity of a person’s injuries before death, and the cost of burial or funeral expenses. Some of the factors that can influence a wrongful death settlement can include:
- Accident-related medical expenses before death
- Age and earning potential of the deceased
- Funeral costs
- Burial costs
- Loss of financial support
- Loss of love or companionship
- Value of lost benefits like a pension or insurance
Estimating the value of a wrongful death claim can be challenging for grieving family members. Before you accept anything from an insurer or other party, consult an experienced Indiana wrongful death lawyer. Our law firm can evaluate your situation and carefully calculate the value of your unique claim, allowing you and other survivors in your family to pursue the compensation and accountability you deserve.
Who Will Receive the Money in a Wrongful Death Lawsuit?
The personal representative of the deceased individual’s estate is the only one who can file a wrongful death lawsuit in Indiana. However, the surviving family members of the deceased are the ones who receive money following a successful lawsuit.
Indiana law stipulates that money recovered from a wrongful death lawsuit is for the exclusive benefit of the estate to pay medical bills, funeral costs, and burial expenses. The remaining compensation goes to the deceased’s next of kin, typically a surviving spouse or dependent minors.
Does Indiana Have Caps on Wrongful Death Settlements?
Depending on the circumstances of the case, the court can cap or limit the compensation a family may recover from a wrongful death lawsuit. For example, Indiana caps compensation for aggregate damages at $300,000. If a government entity is responsible for the death, the cap rises to $700,000. Additionally, there are caps for wrongful death lawsuits involving medical malpractice that limit compensation to $1.8 million.
Unlike other states, Indiana does not allow families to recover punitive damages in wrongful death cases. However, the court can award punitive damages in rare situations involving intentional, malicious, or egregious behavior. This money does not cover economic and non-economic damages; instead, it is a financial penalty against the at-fault party.
Working with a wrongful death lawyer is the best way to understand the value of the compensation you can pursue and what limits may legally be placed on the money you can recover from a successful lawsuit.
Contact an Indiana Wrongful Death Lawyer
At Truitt Law Offices, we have a long track record of obtaining maximum compensation for accident victims and their families. Our wrongful death lawyers take the time to get to know you and outline your options for pursuing compensation on behalf of your deceased loved one and family. While money cannot heal the grief your family feels during this challenging time, compensation can help protect your family from the financial hardship caused by losing a family member.
If a careless individual caused the accident that led to the loss of your loved one, contact our office today and arrange a free legal consultation with a wrongful death attorney.
