Losing a loved one is one of the most painful experiences a family can endure. When that loss is caused by someone else’s negligence or wrongdoing, the emotional toll is even greater. At Schafer & Schafer LLP, we understand that no amount of compensation can truly make up for your loss. However, pursuing a wrongful death claim can provide financial stability and hold the responsible party accountable. Contact us today for a free consultation.
What Is a Wrongful Death Claim?
A wrongful death claim arises when an individual’s life is cut short due to the negligent or intentional actions of another party. These claims allow the surviving family to seek financial compensation for their loss and the hardships they now face. While no legal action can replace a loved one, wrongful death lawsuits can provide a sense of justice and closure for grieving families.
Our attorneys at Schafer & Schafer LLP have extensive experience in wrongful death cases. We are here to guide you through this difficult time with compassion, professionalism, and the legal expertise needed to build a strong case.
When Is It Appropriate to File for Wrongful Death?
Determining when to file a wrongful death claim requires careful consideration of the circumstances surrounding the fatality. These claims often arise from incidents where negligence or intentional harm directly results in a person's death. Wrongful death claims may be pursued in a variety of situations, including but not limited to the following:
- Medical Malpractice: When a healthcare provider's negligence, such as a misdiagnosis or surgical error, leads to fatal injuries.
- Car Accidents: Fatalities caused by reckless driving, drunk driving, or distracted driving can lead to wrongful death cases.
- Truck Accidents: Collisions involving commercial trucks often result in severe injuries and fatalities, frequently caused by driver fatigue, improper maintenance, or overloaded cargo.
- Construction Accidents: Construction sites are dangerous, and fatal accidents can occur due to unsafe working conditions, faulty equipment, or inadequate safety protocols.
- Defective Products: Manufacturers may be held liable when their defective products lead to fatal accidents.
If you’ve experienced a loss in one of these situations or another, we encourage you to discuss your case with our experienced team.
What Damages Can Be Recovered in a Wrongful Death Claim?
Wrongful death claims seek to recover financial compensation for both monetary and non-monetary losses. Potential damages include:
- Medical Expenses: Costs incurred for the treatment of the deceased individual prior to their passing.
- Funeral and Burial Costs: Reasonable expenses for laying your loved one to rest.
- Loss of Financial Support: Compensation for the income the deceased would have provided over their lifetime.
- Loss of Care and Companionship: Monetary valuation of the emotional and relational support provided by your loved one.
- Pain and Suffering of Survivors: Compensation for the emotional distress endured by family members.
Our attorneys will work diligently to ensure all eligible damages are included in your claim, providing the financial stability your family needs to move forward.
Who Can File a Wrongful Death Claim in Indiana?
In Indiana, the ability to file a wrongful death claim is defined by specific legal parameters. Generally, the right to file is granted to the deceased's immediate family, which includes their spouse, children, or parents.
However, in situations where the deceased has no surviving immediate family, the executor or personal representative of the deceased's estate is permitted to file the claim. Given the unique nature of each wrongful death case, it is strongly advised to seek guidance from experienced attorneys to accurately determine who is eligible to pursue compensation for the loss of a loved one.
What Needs to Be Proven in a Wrongful Death Case?
Pursuing a wrongful death claim hinges on proving specific legal elements. These elements, which establish liability and damages, are crucial for securing compensation for the loss of a loved one. To successfully file a wrongful death claim, these elements must be established:
- Duty of Care: The responsible party had a legal obligation to act in a safe and reasonable manner.
- Breach of Duty: They failed to meet that standard through negligence, recklessness, or intentional harm.
- Causation: The breach of duty directly caused your loved one’s passing.
- Damages: Surviving family members suffered measurable financial and emotional losses as a result.
Building a strong case requires thorough investigation, legal expertise, and access to resources like expert witnesses. Schafer & Schafer LLP has the experience to ensure all necessary evidence is gathered and presented effectively.
How Our Attorneys Can Help
A wrongful death lawsuit is a complex legal process that demands meticulous attention to detail. At Schafer & Schafer LLP, we’ll handle every aspect of your case, from investigating the circumstances to negotiating with insurance companies and presenting your claim in court if needed. We understand the emotional toll this process takes on your family. Our team is here to provide empathetic, client-focused service throughout the process.
Our attorneys will aggressively pursue the maximum compensation available, ensuring you and your family are cared for now and in the future. At Schafer & Schafer LLP, our firm works on a contingency fee basis. This means there are no upfront costs, and we only get paid if we win your case.
Call Schafer & Schafer LLP Today
The experienced wrongful death attorneys at Schafer & Schafer LLP are here to help you through this difficult time. We understand the challenges you face and are committed to providing the legal support you need to seek justice for your loved one.
Contact us to schedule a free consultation today. You don’t have to go through this alone—we’re here to stand by your side.
FAQs About Wrongful Death
How long do I have to file a wrongful death claim?
Indiana’s statute of limitations for wrongful death claims is two years from the date of death. Taking prompt legal action is essential to preserving your rights.
Do I need an attorney to file a wrongful death lawsuit?
Yes, wrongful death cases involve complex laws and legal procedures. An experienced attorney can guide you through the process, build a strong case, and advocate on your behalf.
How is the compensation distributed?
Compensation is typically divided among eligible family members according to guidelines set by Indiana law. Our attorneys will help you understand how this applies to your specific situation.
Can I still file a claim if my loved one was partially at fault?
Indiana follows a comparative negligence rule. If your loved one was partially responsible for the accident, you might still be entitled to recover damages, though the total amount may be reduced.
What does it cost to hire Schafer & Schafer LLP?
We work on a contingency fee basis, meaning you pay nothing upfront. Our fees are only collected if we successfully recover compensation on your behalf.
