[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.truittlawoffices.com\/blog\/everything-wrongful-death-lawsuits\/#BlogPosting","mainEntityOfPage":"https:\/\/www.truittlawoffices.com\/blog\/everything-wrongful-death-lawsuits\/","headline":"Everything You Should Know About Wrongful Death Lawsuits in Indiana","name":"Everything You Should Know About Wrongful Death Lawsuits in Indiana","description":"Did you lose a loved one in an untimely accident in Indiana? Did someone\u2019s careless, reckless, or intentional actions cost them their life? Unfortunately, preventable accidents are a leading cause of fatalities in Indiana, and surviving family members are often left to pick up the pieces without answers or justice....","datePublished":"2021-12-27","dateModified":"2022-10-31","author":{"@type":"Person","@id":"https:\/\/www.truittlawoffices.com\/blog\/author\/philtruitt\/#Person","name":"Phil Truitt","url":"https:\/\/www.truittlawoffices.com\/blog\/author\/philtruitt\/","identifier":14,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f112f948511b1b4986cc42659aba88a8f0fcc0e3a93ed222ce1643fca1d6a2d9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f112f948511b1b4986cc42659aba88a8f0fcc0e3a93ed222ce1643fca1d6a2d9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Truitt Law Offices","logo":{"@type":"ImageObject","@id":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/03\/Truitt-Law-Offices-Logo.png","url":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/03\/Truitt-Law-Offices-Logo.png","width":427,"height":59}},"image":{"@type":"ImageObject","@id":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/12\/grieving-woman.jpg","url":"https:\/\/www.truittlawoffices.com\/wp-content\/uploads\/2021\/12\/grieving-woman.jpg","height":666,"width":1000},"url":"https:\/\/www.truittlawoffices.com\/blog\/everything-wrongful-death-lawsuits\/","about":["Wrongful Death"],"wordCount":1097,"articleBody":"Did you lose a loved one in an untimely accident in Indiana? Did someone\u2019s careless, reckless, or intentional actions cost them their life? Unfortunately, preventable accidents are a leading cause of fatalities in Indiana, and surviving family members are often left to pick up the pieces without answers or justice.If someone in your family died due to someone else\u2019s careless actions or failure to act, know that you\u2019re not alone. A skilled wrongful death lawyer can help you seek compensation and a measure of closure.The Fort Wayne wrongful death lawyers at Truitt Law Offices have more than 40 years of experience helping grieving families fight for fair compensation.A lawsuit can be a way to hold whoever caused their death responsible for what they\u2019ve done and seek a measure of justice on behalf of the deceased. A wrongful death suit can also help you recover the money you\u2019ll need to cover your funeral and burial costs, medical bills, and other expenses.For more information on wrongful death lawsuits in Indiana, contact our office for a free consultation.Table of Contents1 What Is an Indiana Wrongful Death Lawsuit?2 What Types of Events Can Result in an Indiana Wrongful Death Lawsuit?3 Who Can File a Wrongful Death Lawsuit in Indiana?4 What Types of Damages Are Available in an Indiana Wrongful Death Lawsuit?5 How Is Wrongful Death Compensation Distributed in Indiana?6 How Long Do I Have to File a Wrongful Death Lawsuit in Indiana?7 Do You Need an Indiana Wrongful Death Lawyer?What Is an Indiana Wrongful Death Lawsuit?A wrongful death lawsuit is a personal injury claim made by the surviving family members of someone who has died in an accident that was someone else\u2019s fault.Specifically, Indiana law defines wrongful death as any death caused by someone else\u2019s wrongful actions or an act of omission. This definition includes accidents due to negligence, such as car accidents or medical malpractice, as well as intentional acts like assault or murder.What Types of Events Can Result in an Indiana Wrongful Death Lawsuit?Some of the most common events that can lead to wrongful death include:Car accidentsMotorcycle accidentsSemi-truck accidentsBicycle accidentsPremises liability accidents (slips-and-falls, for example)Construction accidentsMedical malpracticeDefective productsNursing home abuse and neglectIntentional acts of violenceWho Can File a Wrongful Death Lawsuit in Indiana?The parties eligible to file a wrongful death lawsuit in Indiana depend on the age of the person who died. If the deceased was a child, then one or both parents, or the child\u2019s legal guardian, can file a wrongful death lawsuit.For wrongful death claims, Indiana law defines a child as:Someone who is not married, has no dependents, and is younger than 20 years old.Someone who is not married, has no dependents, is younger than 23 years old, and is enrolled in college, a career or technical school, or some other educational program.A fetus that has reached viability.If the deceased was an adult, then the only party who can file a wrongful death lawsuit is the personal representative of the deceased\u2019s estate. The personal representative is sometimes referred to as the \u201cexecutor\u201d of the estate. The personal representative is frequently a family member, but the deceased can name anyone they want as their personal representative. Regardless of who is representing the deceased\u2019s estate, it\u2019s up to them to file a wrongful death lawsuit.What Types of Damages Are Available in an Indiana Wrongful Death Lawsuit?Compensation in wrongful death claims is tricky because specific rules say what compensation can or cannot be awarded in a lawsuit. Broadly speaking, compensation in wrongful death cases works like this:If the deceased was a child, the parents or legal guardian could be awarded compensation for the loss of the child\u2019s services, the loss of the child\u2019s love and companionship, the child\u2019s health care expenses, the cost of counseling for the parents or young siblings, and any outstanding debts the deceased had.If the deceased was an unmarried adult with no dependents, the deceased\u2019s estate could be compensated for funeral and burial expenses, medical bills, and the loss of love and companionship.If the deceased was married or had surviving dependents, the deceased\u2019s estate can be awarded compensation for funeral and burial expenses, medical bills, the loss of the deceased\u2019s future earnings, and the loss of love, affection, care, guidance, and training.How Is Wrongful Death Compensation Distributed in Indiana?In wrongful death lawsuits related to the death of an unmarried adult without dependents, any compensation for medical bills and funeral and burial expenses goes to the estate. Any remaining compensation will go to the deceased\u2019s parents or non-dependent child. To claim any compensation, the deceased\u2019s parents or non-dependent children must prove that they had an ongoing, substantial, and genuine relationship with the deceased.If the deceased was married or has any surviving dependents, their estate will claim any compensation related to medical bills and funeral or burial costs. Any remaining compensation goes to the deceased\u2019s surviving spouse, any dependent children, or the deceased\u2019s other dependent relatives.How Long Do I Have to File a Wrongful Death Lawsuit in Indiana?All personal injury lawsuits in Indiana, including wrongful death claims, are subject to the Statute of Limitations. This law gives you two years from the date of the deceased\u2019s death to file a wrongful death lawsuit. If you have not filed a wrongful death lawsuit by this deadline, your case will almost certainly be thrown out, and you\u2019ll lose your chance to recover compensation.Do You Need an Indiana Wrongful Death Lawyer?In a word, yes.First, you\u2019re in no shape to work on a wrongful death lawsuit if you\u2019ve just been through a family tragedy. A wrongful death lawyer can handle the legal grunt work while you focus on healing and dealing with your grief.Second, wrongful death lawsuits aren\u2019t easy to win. You\u2019ll need convincing evidence that the party responsible for your family member\u2019s death was somehow negligent and that their negligence directly led to the untimely death. An experienced wrongful death lawyer will know what evidence to look for to prove negligence so you can claim fair compensation for the loss you\u2019ve suffered.If you\u2019ve lost a loved one and have questions about wrongful death lawsuits in Indiana, contact Truitt Law Offices today for a free initial consultation with one of our knowledgeable lawyers.{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"What Is an Indiana Wrongful Death Lawsuit?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"A wrongful death lawsuit is a personal injury claim made by the surviving family members of someone who has died in an accident that was someone else\u2019s fault.\\n\\nSpecifically, Indiana law defines wrongful death as any death caused by someone else\u2019s wrongful actions or an act of omission. This definition includes accidents due to negligence, such as car accidents or medical malpractice, as well as intentional acts like assault or murder.\"}},{\"@type\":\"Question\",\"name\":\"What Types of Events Can Result in an Indiana Wrongful Death Lawsuit?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Some of the most common events that can lead to a wrongful death include:\\n\\n* Car accidents\\n* Motorcycle accidents\\n* Semi-truck accidents\\n* Bicycle accidents\\n* Premises liability accidents (slips-and-falls, for example)\\n* Construction accidents\\n* Medical malpractice\\n* Defective products\\n* Nursing home abuse and neglect\\n* Intentional acts of violence\"}},{\"@type\":\"Question\",\"name\":\"Who Can File a Wrongful Death Lawsuit in Indiana?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"The parties eligible to file a wrongful death lawsuit in Indiana depend on the age of the person who died. If the deceased was a child, then one or both parents, or the child\u2019s legal guardian, can file a wrongful death lawsuit.\\n\\nFor wrongful death claims, Indiana law defines a child as:\\n\\n* Someone who is not married, has no dependents, and is younger than 20 years old.\\n* Someone who is not married, has no dependents, is younger than 23 years old, and is enrolled in college, a career or technical school, or some other educational program.\\n* A fetus that has reached viability.\\n\\nIf the deceased was an adult, then the only party who can file a wrongful death lawsuit is the personal representative of the deceased\u2019s estate. The personal representative is sometimes referred to as the \u201cexecutor\u201d of the estate. The personal representative is frequently a family member, but the deceased can name anyone they want as their personal representative. Regardless of who is representing the deceased\u2019s estate, it\u2019s up to them to file a wrongful death lawsuit.\"}},{\"@type\":\"Question\",\"name\":\"What Types of Damages Are Available in an Indiana Wrongful Death Lawsuit?\\n\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Compensation in wrongful death claims is tricky because specific rules say what compensation can or cannot be awarded in a lawsuit. Broadly speaking, compensation in wrongful death cases works like this:\\n\\n* If the deceased was a child, the parents or legal guardian could be awarded compensation for the loss of the child\u2019s services, the loss of the child\u2019s love and companionship, the child\u2019s health care expenses, the cost of counseling for the parents or young siblings, and any outstanding debts the deceased had.\\n* If the deceased was an unmarried adult with no dependents, the deceased\u2019s estate could be compensated for funeral and burial expenses, medical bills, and the loss of love and companionship.\\n* If the deceased was married or had surviving dependents, the deceased\u2019s estate can be awarded compensation for funeral and burial expenses, medical bills, the loss of the deceased\u2019s future earnings, and the loss of love, affection, care, guidance, and training.\"}},{\"@type\":\"Question\",\"name\":\"How Is Wrongful Death Compensation Distributed in Indiana?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"In wrongful death lawsuits related to the death of an unmarried adult without dependents, any compensation for medical bills and funeral and burial expenses goes to the estate. Any remaining compensation will go to the deceased\u2019s parents or non-dependent child. To claim any compensation, the deceased\u2019s parents or non-dependent children must prove that they had an ongoing, substantial, and genuine relationship with the deceased.\\n\\nIf the deceased was married or has any surviving dependents, their estate will claim any compensation related to medical bills and funeral or burial costs. Any remaining compensation goes to the deceased\u2019s surviving spouse, any dependent children, or the deceased\u2019s other dependent relatives.\"}},{\"@type\":\"Question\",\"name\":\"How Long Do I Have to File a Wrongful Death Lawsuit in Indiana?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"All personal injury lawsuits in Indiana, including wrongful death claims, are subject to the Statute of Limitations. This law gives you two years from the date of the deceased\u2019s death to file a wrongful death lawsuit. If you have not filed a wrongful death lawsuit by this deadline, your case will almost certainly be thrown out, and you\u2019ll lose your chance to recover compensation.\"}}]}"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.truittlawoffices.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Everything You Should Know About Wrongful Death Lawsuits in Indiana","item":"https:\/\/www.truittlawoffices.com\/blog\/everything-wrongful-death-lawsuits\/#breadcrumbitem"}]}]