An elderly man filed a wrongful death lawsuit against a nursing home in Columbus last year after the facility allowed his wife to die without rendering any medical assistance at all. Deaths due to medical malpractice are more common that we would like to believe.
Hi, I’m Darryl Isaacs. Chances are that, if you are visiting this website, you have lost a beloved family member due to the negligence or hurtful act of another. I cannot say I know how you feel, but I can imagine you are hurt, angry and sad. You want to know why this happened, and you want to hold the parties responsible accountable for whatever they did that caused your loved one’s death. You want justice and a measure of closure.
You also may be hurting financially without the support your family member provided. Nothing can bring your loved one back or heal the empty space your family member filled. But the civil law does allow for financial reparation and a measure of justice through filing a wrongful death lawsuit.
Nobody wants people to get away with behavior that is so dangerous or careless that it can kill. We all have families that we love greatly, and we want our family members to be safe. We must demand reasonably safe behavior towards others from people and companies that operate in our communities and accountability for reckless or hurtful acts.
Indiana Wrongful Death Law
In Indiana, a representative of the deceased person’s estate (surviving heirs and family members) may file the lawsuit for wrongful death. If the deceased is under age 20, the lawsuit must be filed by a parent or legal guardian. It’s crucial to contact a wrongful death lawyer as soon as possible because there’s a deadline to file a lawsuit for wrongful death, and the clock starts ticking immediately on the date of your family member’s death or sooner if the death was caused by medical malpractice.
The Indiana wrongful death statute of limitations (deadline for filing the lawsuit) is two years from the date of death. If the death was caused by medical malpractice, the lawsuit must be filed within two years of the date the medical malpractice occurred. It is very important to note this difference because, if you miss the deadline to file a legal action, the defendant will file a motion to dismiss the case, and that motion will almost certainly be granted. In cases of medical malpractice, it’s especially important to contact an attorney without delay so that your attorney may begin investigating the facts immediately to determine the exact date when the negligent medical procedure or treatment that constitutes medical malpractice happened.
Wrongful Death Settlements
In most cases when a lawsuit has been filed, once your attorney amasses enough proof to substantiate your claim, the other party offers a settlement rather than face the lengthy and expensive ordeal of a court trial.
Damages you can recover under Indiana law include:
- Loss of family member’s income
- Medical bills
- Funeral expenses
- Costs of therapy for surviving family members
- Reasonable cost of the lawsuit
Other damages you can recover, depending on your situation, include:
- Loss of companionship of a spouse
- Loss of love and guidance of a parent
- Loss of love and companionship of a child
- Loss of the child’s help, if the child worked in the family business
Indiana caps damages at $300,000 for single adults who have no children or dependents. Indiana law does not allow punitive damages in wrongful death lawsuits.
Damages are awarded to the estate and used to pay funeral and medical costs and the reasonable cost of bringing the lawsuit. The remaining money is split among the surviving spouse and children.
When a parent or guardian brings the lawsuit for the death of a child, the damages are used to pay medical and funeral costs, the reasonable cost of the lawsuit, and the remainder goes to the parent(s) or guardian.
At times, a wrongful death lawsuit has led to criminal charges being filed after the crime was uncovered while investigating the death in the pre-trial discovery phase of the civil suit. Hence, justice was served for criminal behavior that caused a death.
Our Wrongful Death Lawyers Fight to Obtain Justice for Victims
Isaacs & Isaacs personal injury law firm believes that when a member of our community has been injured or killed by a negligent or hurtful act, the person or company responsible should pay to the limit the law allows. If we allow wrongdoers to get away with reckless and irresponsible behavior towards others, we are all in danger.
We will represent you on a contingency fee basis, which means that you pay us nothing until and unless we win your case or obtain a fair and just settlement. You have absolutely nothing to lose by consulting an Isaacs & Isaacs wrongful death attorney.
We are very sorry this tragedy happened, and we will do all we can to hold whoever caused your family member’s death legally accountable. We will seek justice on behalf of your loved one if you will allow us to do so. Our compassionate and aggressive lawyers for wrongful death are on call around-the-clock to make sure your case is filed before the deadline expires.
Call 800-800-888 or fill out our online form to speak with an experienced personal injury attorney without delay. If you aren’t sure whether you have legal standing to file a lawsuit, we will listen to your story and answer your questions free of charge. We are here for you now.