Indianapolis, IN. 46204
Obtain Justice Through a Wrongful Death Lawsuit
Losing a loved one is hard. Especially when it would not have happened but for the negligence or hurtful act of another. You may be grieving the loss of companionship and also struggling with a deep feeling of anger and frustration because it wasn’t supposed to be this way.
When somebody’s carelessness or hurtful act results in another’s death, the law provides a way to hold the guilty party accountable for the damage they cause. This is to hold people accountable for the consequences of their actions that affect others and also to provide financial relief for families who are struggling with funeral expenses, medical bills and perhaps the lost income an adult family member provided.
Many wrongful death lawsuit actions are filed because of medical malpractice. In 2008, an Indianapolis jury awarded the husband of a man whose wife died from a perforated bowel which lead to gangrene $8 million in damages. She was seen by multiple doctors during her three appointments a week. At one point during her treatment, an x-ray was misplaced.
Legally, the husband will only collect $1,250,000 in damages because the Indiana legislature set a cap damages one can recover for medical malpractice. But the fact that an Indiana jury saw fit to award a large amount has value, because by awarding a large judgment the jury spoke out against the death and declared that it shouldn’t have happened and those responsible were wrong.
Who May File a Wrongful Death Lawsuit?
In Indiana, the personal representative of the decedent’s estate may file the lawsuit. For minors, the parents or legal guardian may bring the action. It is very important to contact an attorney as soon as possible so that they can get started on your case.
The time limit to file your case (statute of limitations) is two years from the date of death to file a lawsuit. In cases of medical malpractice, the lawsuit must be filed by two years from the date when the malpractice took place. If you miss the time limit, you could be barred from filing the lawsuit. Also, evidence could disappear, and witnesses could move away or forget important details about what happened.
Wrongful Death Damages
Indiana law recognizes financial loss that results from losing a family member. The damages can include:
- Loss of a family member’s income
- Medical bills
- Funeral expenses
- Reasonable cost of the lawsuit
In addition to the costs above, damages may be recovered for other losses such as:
- Loss of the guidance and affection of a parent
- Loss of companionship of a spouse
- Loss of love and companionship of a child
Damages are capped at $300,000 for single adults who have no children or dependants. Indiana law does not permit punitive damages (to punish) in wrongful death lawsuits. However, if the act that caused the death was also against the law, for instance, drunk driving, criminal charges may be brought by the state. In some cases, criminal activity is revealed during the discovery phase of the wrongful death civil action.
Damages will be awarded to the estate and used to pay funeral and medical costs and the reasonable cost of bringing the lawsuit, with the remaining money split among the surviving spouse and children.
If a parent or guardian files the wrongful death suit on behalf of a deceased child, damages will be used to pay medical and funeral costs and reasonable legal costs and the remainder goes to the surviving parent(s). Costs of therapy for surviving family members may also be sought.
Indianapolis Wrongful Death Law Firm
While you want justice for the death of your beloved family member and also need help dealing with the financial loss of the ordeal, you are trying to make a new life for yourself and your family. Let the personal injury attorneys at Isaacs & Isaacs handle the expense of investigating your loved one’s death, filing a legal action or negotiating a fair settlement.
Our experienced and compassionate attorneys will take the burden of seeking justice from your shoulders, so you can focus on healing and rebuilding your life. You do not have to have any money to enlist our help. We will bear the cost of litigation for you, and we will not get paid unless and until we win or settle your case. We have recovered over $890 million in damages for our clients, and we will demand maximum compensation for you and your family.
Isaacs & Isaacs Wrongful Death Lawyers are on call around-the-clock to assist you immediately in your legal emergency. Call 800-800-8888 any time for a no-obligation consultation with an Isaacs & Isaacs wrongful death attorney.