Wrongful Death Lawyer in Fort Wayne

Three separate statutes control wrongful death claims in Indiana:

• General Wrongful Death Act (GWDA) – Ind. Code 34-23-1-1
• Adult Wrongful Death Act (AWDA) – Ind. Code 34-23-1-2
• Child Wrongful Death Act (CWDA) – Ind. Code 34-23-2-1

An experienced wrongful death lawyer in Fort Wayne will have a thorough understanding of these laws and how Indiana courts have applied them to different situations, including situations that may be similar to your own.

The GWDA defines a wrongful death as one “caused by the wrongful act or omission of another.” In this sense, a wrongful death claim is like a personal injury claim in which the victim has died. A wrongful death can occur in many different situations, including those that involve:

• Slip and falls
• Dog bites or other animal attacks
• Construction site and other workplace accidents
• Car accidents
• Motorcycle accidents
• Pedestrian accidents
• Truck accidents
• Defective drugs or medical devices
• Nursing home abuse
• Medical malpractice (such as a missed or delayed diagnosis)

Keep in mind: A wrongful death claim is a civil action. So, it is separate and distinct from any criminal action against the party responsible for the death. While a criminal action can result in punishment of the wrongdoer, only a civil action can lead to a recovery of compensation.

If the wrongful death victim was an adult, the personal representative of the victim’s estate must bring the claim. A court appoints a personal representative, who is typically a surviving family member. The “beneficiaries” who may recover in a wrongful death claim include the victim’s surviving spouse, children or other dependents.

If the victim was a child, the victim’s parents may bring the claim either jointly or individually if they are married. If the parents are not married, the custodial parent may bring the claim. If the child’s parents are dead, or if they have lost their parental rights, then the child’s guardian may bring the claim.

If you believe that your loved one suffered his or her death due to negligence of person, company or government agency, you should contact Truitt Law Offices to speak with a wrongful death attorney to receive a free and confidential review of your case. We will provide a frank assessment of the case and advise you on whether you should pursue a wrongful death case. If we agree to move forward together, you can count on Truitt Law Offices to use the full extent of our skill, experience and resources to pursue the compensation you deserve. Contact us today to learn more.

An experienced wrongful death lawyer can provide many valuable services that are aimed at recovering maximum compensation for those who have lost a family member due to the negligence of another. Those services include:

• Preparing all paperwork for the opening of an estate and appointment of a personal representative
• Thoroughly investigating a case to determine why the death occurred, who should be held responsible and how much should be sought in wrongful death damages
• Filing a lawsuit in the proper court and handling all other required paperwork, including forms that may need to be filled with insurers
• Dealing directly with insurers to reach a settlement or, if necessary, taking the case to the trial
• Making sure that any compensation recovered through a settlement or verdict gets promptly disbursed

Keep in mind: Truitt Law Offices will not charge for any services we provide unless and until we secure a financial recovery for you.

You cannot recover damages for your own emotional distress in an Indiana wrongful death lawsuit. However, you can seek compensation for loss of your loved one’s love, care, and affection. If the wrongful death victim was a child, the lawsuit can seek recovery of psychiatric and psychological counseling expenses for the child’s surviving parents and minor siblings.

Generally, you can seek compensation in a wrongful death lawsuit that includes:

• Medical and hospital expenses
• Funeral, burial and other expenses arising from the death
• Loss of money, services and other materials benefits
• Loss of love, care and affection
• Costs of bringing the wrongful death claim, including attorney fees.

An attorney can compile evidence that supports the amount of damages sought in a wrongful death claim, including bills, receipts, and statements of those people impacted by the death. The lawyer can also consult with experts such as economists in order to arrive at the amount. If a claim is brought under the AWDA, there is a $300,000 cap on damages awarded for loss of love and companionship.

The person appointed as the personal representative of the wrongful death victim’s estate may bring a lawsuit, regardless of whether all potential beneficiaries agree to do so.

If the wrongful death victim was a child, and the parents are still married, the parents may jointly or individually file a claim. If only one parent brings the claim, the other parent must be named in the lawsuit.

If the parents are divorced, the custodial parent can file the claim and won’t need to name the non-custodial parent as a defendant. The non-custodial parent may bring a claim as well. However, the parent would need to list the custodial parent as a defendant.

As in many other states, you cannot recover punitive damages in a wrongful death claim in Indiana.

Many wrongful death lawsuits in Indiana result in settlements. The parties agree to the amount of damages. Often a neutral mediator helps the parties to reach this agreement. If a wrongful death lawsuit goes to trial, then a judge or jury will determine whether the party named as a defendant is the lawsuit is legally responsible for damages (or “liable”) and, if so, the amount of damages that should be awarded.

Generally speaking, you must bring a wrongful death claim in Indiana within two years after the victim’s death. This is known as the statute of limitations. However, certain exceptions exist. For instance, if the wrongful death claim involves medical malpractice, you must file the lawsuit within two years from the date that the negligent act or omission occurred and not from the date of the death.