WRONGFUL DEATH LAW-INDIANA

WRONGFUL DEATH LAW IN INDIANA

A wrongful death is a term that describes a situation = when someone’s negligence or wrongful conduct causes another person’s death. The ‘responsible’ person’s negligence does not hav= e to be the ‘sole’ cause of death.&= nbsp; For instance, in an accident, there may be many ‘causes’ combining to lead to death, such as driver error combined with defective se= at belts. All responsible partie= s can be sued for wrongful death, at the election of the survivors. If the wrongful death is caused in= part by medical negligence or malpractice, then the Medical Malpractice Act cont= rols that claim; otherwise, the Wrongful Death Act controls the law and damages. The following is a s= ummary of the law of Indiana under the Wrongful Death Act. Other laws may apply such as the P= roduct Liability Act.

The purpose of a wrongful death suit is to provide rel= ief to family members who have been injured emotionally and financially as a resul= t of a family member’s death. If you have lost a loved one as a result of someone else’s negligence, you may want to consult an experienced inj= ury attorney to assist you. At the Avery Law Firm, we recognize that there is no greater loss than the tragic and untimely loss of a loved one. You can rest assured that our legal team will treat you and your family members with sensitivity, professionalism, dignity and respect.

In the State of Indiana, wrongful death causes of action were created by statute. The Indiana legislature passed the Wrongful Death Act, I.C. 34-23-= 1-1. Pursuant to this Act, an estate in the name of the party that died as a res= ult of the wrongful act of another must be opened within two (2) of the date of= the wrongful act, or the cause of action will be barred by the running of the statute of limitations. Under Indiana law, the types of damages that may be recovered in a wrongful death case depend upon whether the decedent is (1) = an adult with a spouse or dependents; (2) an unmarried adult without dependent= s; or (3) a minor child.

In many wrongful death cases, families suffer devastating financial harm resulting from the death of a spouse or a parent. If the deceased person ha= d a surviving spouse, surviving children, or relatives that were financially dependent upon the decedent, the following economic damages may be recovere= d in a wrongful death cases:

Reasonable medical, hospi= tal, funeral and burial expenses;
Reasonable cost of administration of the decedent’s estate; and
Lost earnings and househo= ld services that would have benefited the survivors.

In addition to damages = for the economic harm set forth above, Indiana law permits spouses and dependent children to recover non-economic damages for

&nbs= p; 1. Loss of love, care and affection (= also known as ‘grief’); and,

&nbs= p; 2. Loss or parental guidance and trai= ning.

In 1999, the Indiana legislature adopted I.C. 34-23-1-2, which allows recovery of damages for the wrongful death of an adult person with no dependents. I.C. 34-23-1-2 provid= es for the recovery of both economic and non-economic damages. The economic da= mages include the reasonable medical, hospital, funeral and burial expenses that result from the wrongful death. The non-economic damages that may be recove= red are the losses of the adult individual’s love and companionship. The = only persons who can recover damages for lost love and companionship of an adult person with no dependents are a parent or a child, and they must prove a “genuine, substantial and ongoing relationship” with the decede= nt.

I.C. 34-23-2-1 governs wrongful death cases arising out of the death of a m= inor child. Under that statute, a child is defined as an “unmarried indivi= dual without dependents who is less than 20 years of age or 23 if enrolled in an institution of higher learning or a vocational school.” Indiana’= ;s Wrongful Death Act allows parents to recover economic damages for the loss = of the child’s services, the medical and funeral expenses for the deceas= ed, and the cost of counseling for the surviving parents or minor siblings. The non-economic damages that may be recovered are damages for the lost love and companionship that the child could have provided to his parents until the e= nd of the last surviving parent’s life.

The First Step in Pursing a Wrongful Death Claim

If you or a loved one has been affected as a result of= a wrongful death, call the Avery Law Firm now at (866) 9-URGENT [987-4368]. T= he initial consultation is free, and if we agree to accept your case, we will handle your case on a contingent fee basis, which means we get paid for our services only if there is a settlement or recovery of funds. There is no re= ason to hesitate. Contact us today for a free initial evaluation of your case.

AVERY LAW FIRM

NEW YORK-COLORADO-INDIANA

44 S. Cook St. <= /span>

Suite 100=

Denver, Colorado

Ph. (303) 840-2222

200 W. Charles St.

Ste. 200 =

Muncie, Indiana<= /span>

Ph. (765) 288-5555

450 E. 96th St. =

Ste. 500<= /p>