Wrongful Death Attorney Indianapolis

Losing a loved one is always heart-shattering, but when their death occurs due to someone else’s negligence, the pain can be even more tragic. During such difficult times, a wrongful death case attorney in Indianapolis can help grieving families understand their legal rights and pursue justice for the tragic loss of their loved one. A wrongful death case lawsuit can offer a financial remedy, providing support for family members and helping to hold the at-fault party accountable.

How a Wrongful Death Attorney in Indianapolis Can Help

If you’ve lost a loved one due to someone else’s negligence, an experienced wrongful death attorney in Indianapolis can provide crucial assistance throughout the legal proceedings. Here’s how:

Investigation and Evidence Collection: The attorney will investigate the circumstances surrounding the victim’s death, and collect evidence such as medical records, accident reports, witness statements, and other relevant documentation to build a strong case.
Determining Liability: The attorney will determine who is at fault for the fatal accident or wrongful death. This may involve multiple parties, including negligent drivers, medical professionals, or manufacturers of defective products.
Negotiation with Insurance Companies: Insurance companies offer settlements, but these amounts are typically lower than what the victim’s family deserves. A wrongful death lawyer can negotiate for a fair settlement to ensure that the family receives the compensation they are entitled to.
Pursuing Legal Action: If a settlement cannot be reached, the wrongful death lawyer will represent the family in court and fight for rightful compensation.

What Is Wrongful Death?

Wrongful death occurs when someone’s death is caused by the negligence of another individual, company, or entity. Common causes of wrongful death include car accidents, medical malpractice, defective products, and more. A wrongful death claim allows the family to seek financial support for their financial losses, pain, and suffering. It also serves as a form of justice for those who have died as a result of another’s wrongful actions.

Common Causes of Wrongful Death

The wrongful death cases in Indianapolis stem from a variety of situations. The most common causes include:

Motor vehicle accidents: Fatal accidents resulting from distracted driving, drunk driving, or reckless driving can result in wrongful death claims.
Medical malpractice: Mistakes made by medical professionals, such as misdiagnosis, surgical errors, or negligent care in hospitals or nursing homes.
Construction accidents: Construction sites are hazardous, and when proper safety measures aren’t followed, it can lead to fatal accidents.
Defective products: A defective product, such as a faulty vehicle part or malfunctioning household item, can cause death and lead to a wrongful death lawsuit.
Criminal actions: In cases of homicide, assault, or other intentional harm, the family may pursue a wrongful death lawsuit against the responsible party.

While motor vehicle accidents remain the most common cause of wrongful death, many cases arise from other serious accidents, medical errors, and criminal actions. Indianapolis wrongful death attorneys guide families through the process, ensuring they understand their rights and pursue the most compensation available.

Who Can File a Wrongful Death Lawsuit?

Under Indiana law, only certain individuals can file a wrongful death lawsuit. Typically, the surviving spouse, children, or parents of the deceased can file the claim. If there is no immediate family, the personal representative of the deceased’s estate can file on behalf of the beneficiaries. Knowing who is eligible to pursue a wrongful death lawsuit can ensure that the right individuals are taking action.

Here is a list of who is typically eligible to file a wrongful death suit with the help of wrongful death attorneys:

Spouse: The surviving husband or wife of the deceased.
Children: The children of the deceased person, whether biological or adopted.
Parents: In cases where the deceased person has no spouse or children, the parents may file the claim.
Personal Representative: If no immediate family is available to pursue a legal remedy, the personal representative of the deceased person’s estate can step in. This individual takes on the responsibility of filing the lawsuit to ensure the beneficiaries receive the justice and support they deserve during this difficult time.

How the Wrongful Death Claim Process Works

When a loved one dies due to someone else’s wrongful act, there are several steps involved in pursuing a wrongful death claim:

Immediate Investigation: Law enforcement and insurance companies will investigate the circumstances surrounding the victim’s death to determine liability. If a crime was involved, charges may be filed against the responsible party.
Family Notification: Authorities will notify the family of the deceased. This can be painful, and families may seek emotional support from counselors or loved ones during this time.
Filing a Wrongful Death Claim: If the death was caused by a wrongful act, the family or an estate representative of the deceased person’s estate may choose to file a wrongful death claim.
Seeking Compensation: Surviving family members can seek compensation for the financial burden caused by the loss such as burial expenses and medical bills. Non-economic damages, such as emotional distress and loss of companionship, may also be awarded.
Legal Process: From gathering evidence to negotiating with insurance companies, Indianapolis wrongful death attorneys ensure the process proceeds smoothly.
Settlement or Trial: Most wrongful death claims are settled out of court. However, if the parties cannot reach a fair settlement, the case may go to trial.

What Types of Criminal Charges Can Result From a Wrongful Death Suit?

A wrongful death lawsuit is a civil legal action, but in some cases, criminal charges may also arise from the same incident if the defendant’s actions were criminal in nature. The outcome of a wrongful death lawsuit and any criminal charges are separate, as they operate within different legal systems (civil vs. criminal), but both can be pursued simultaneously in certain cases.

While wrongful death lawsuits are civil cases intended to compensate the victim’s family for their loss, the underlying event may involve serious criminal charges. These criminal charges can vary greatly depending on the nature of the incident and the actions of the defendant, ranging from manslaughter to murder to vehicular homicide.

In some cases, a person may face both criminal prosecution for their actions and wrongful action in civil court. These two cases, while related, operate separately, and the outcome of one does not necessarily influence the other. If you are a family member seeking justice after a loved one’s death, it is important to consult with Indianapolis wrongful death attorneys to explore both your civil and potential criminal options.

Wrongful Death and Car Accident Claims

Wrongful death caused by car accidents is one of the most common claims filed. If the death was due to the negligence of another driver, such as in a car accident, the family may have the right to pursue a wrongful death claim.

Whether it involves drunk driving, speeding, or distracted driving, these personal injury cases involve complex insurance issues and legal challenges. Having experienced personal injury lawyers by your side can help ensure that you receive the maximum compensation available.

What Compensation Is Available in a Wrongful Death Case?

While no amount of money can truly replace the loss of a loved one, a wrongful death lawsuit can provide financial security to the family. Compensation can include:

Funeral and burial costs: The family can look into obtaining compensation for the funeral expenses and burial costs associated with the deceased’s passing.
Medical bills: If the deceased incurred medical expenses before their death, the family can seek financial reimbursement for these costs.
Lost wages: If the deceased was a primary wage earner, the victim’s family can seek compensation for the financial loss caused by the person’s death, including future lost wages.
Pain and suffering: Families may seek damages for the emotional distress caused by the death, as well as the loss of companionship or love from the deceased.
Non-economic damages: This includes the psychological and emotional toll that the death has had on the family.

Undocumented Individuals & Wrongful Death Claims

If the deceased was undocumented, this doesn’t prevent surviving family members from filing a wrongful death claim. Indiana law allows anyone who’s suffered due to the wrongful death of a loved one to pursue compensation, regardless of the deceased person’s immigration status. Indianapolis wrongful death lawyers can help families navigate sensitive issues while ensuring they receive the compensation they deserve.

Filing a Wrongful Death Claim in Indiana

In the Hoosier state, families generally have two years from the date of their loved one’s passing to file a wrongful death claim. This time frame, known as the statute of limitations, is a crucial window for seeking justice and holding the responsible person accountable. Acting within this period ensures your voice is heard and your loved one’s memory is honored.

Failing to file within this timeframe can result in losing the right to pursue a wrongful death lawsuit. It’s crucial to consult an Indianapolis wrongful death lawyer as soon as possible to ensure that the claim is filed within the proper time limits.

Challenges in Wrongful Death Cases

Many wrongful death cases can be challenging, especially when it comes to proving liability. Common challenges include:

Disputes over liability: The at-fault party may deny responsibility, requiring a thorough investigation and compelling evidence to prove the claim.
Complex evidence: In cases of medical malpractice or accidents involving multiple parties, gathering and presenting evidence can be complicated.
Insurance company tactics: Insurance companies try to minimize the payout by denying claims or offering low settlement amounts. An experienced attorney will negotiate to secure maximum compensation.

Contact Wrongful Death Attorney in Indianapolis Today

If you’ve lost a loved one due to the negligence of someone else, contact our personal injury lawyers for a free consultation. At Flores Law Group, our Indiana wrongful death lawyers work on a contingency fee basis, only getting paid if you win your case. With free initial consultations for every case, trust our track record of success in personal injury law and get started today. Call our office at 317-900-2556 or fill out our contact form to schedule your consultation with our a wrongful death attorney in Indianapolis today.