In Indiana, your family has just two years to file a wrongful death lawsuit seeking compensation following a loved one’s death. Filing before the two-year deadline passes protects your right to seek compensation and justice after a loved one’s death due to someone else’s negligence. However, failing to comply with the statute of limitations can have significant consequences for your family.
How Does the Statute of Limitations for a Wrongful Death Claim Work in Indiana?
The statute of limitations for filing a wrongful death claim in Indiana requires a decedent’s personal representative to file a lawsuit within two years of their passing. Any lawsuit filed after this two-year deadline risks getting dismissed by the trial court.
The statute of limitations serves several goals. First, it ensures prompt claims filing. This protects claimants by minimizing the risk of losing evidence or witnesses’ memories fading over time. The statute of limitations also gives a potential defendant a sense of finality. Once the limitations period has expired, they can rest assured they no longer have any liability in a future wrongful death claim.
Are There Any Exceptions to the Statute of Limitations?
Various circumstances may alter the deadline for filing your family’s wrongful death claim. For example, when you have a wrongful death claim against the government, the law requires you to provide written notice of your family’s claim within a short period after a loved one’s death. For claims against the state of Indiana, you must file your notice of claim within 270 days of a loved one’s death. For claims against a county or city government in Indiana, the law requires you to file your notice of claim within 180 days.
Courts may also pause or “toll” the statute of limitations under limited circumstances. One of the most common reasons for tolling the statute of limitations is the discovery rule. The discovery rule may apply when your family does not immediately know the cause of your loved one’s death or the identity of those responsible. The rule states that the statute of limitations begins to run on the date you discovered or should have discovered the facts of your wrongful death claim.
Some other exceptions include:
- Legal disabilities – When the claimant is under 18 or mentally or physically incapacitated, they have extra time to file a lawsuit. The two-year time limit will start when they turn 18 or are no longer considered disabled.
- Concealment – If the defendant tries to hide their liability for your loved one’s death, the time won’t start until you discover their responsibility.
- Nonresidents – The deadline may also pause if the at-fault party leaves Indiana and becomes a nonresident.
An experienced wrongful death attorney can help determine if any of these exceptions apply and make sure you file your claim in time.
What Happens If I Miss the Deadline to File a Wrongful Death Case?
When you miss the deadline to file your family’s wrongful death claim, you risk giving the court a basis to dismiss your case. A defendant in a wrongful death lawsuit filed after the expiration of the limitations period can file a motion to dismiss the action. If the court finds that you’ve filed an untimely claim, it may grant the defendant’s motion and dismiss the case, leaving you unable to recover the compensation your family deserves.
Because courts rarely grant relief from the statute of limitations, you can best protect your family’s rights by ensuring your case gets filed before the limitations period expires.
What Are the Types of Compensation in a Wrongful Death Lawsuit?
Although no amount of money can bring a deceased loved one back or make up for their loss, pursuing compensation in a wrongful death lawsuit can offer some measure of justice and closure for your family. The compensation available in a wrongful death case will depend on the decedent’s age and whether they have a surviving spouse or dependents. Wrongful death compensation can provide your family with financial recovery for:
- Medical expenses incurred to treat your loved one’s fatal injuries
- Funeral and burial expenses
- Loss of a loved one’s future earnings and financial contributions to the family
- Loss of a loved one’s love and companionship
- Loss of a loved one’s services, care, and guidance
How Can a Wrongful Death Lawyer Help Me with My Claim?
Consulting a wrongful death lawyer as soon as possible after a loved one’s passing can help ensure that your family’s claim gets filed on time. Having skilled legal representation can allow your family to focus on grieving and healing. Your attorney can handle the details of investigating, preparing, and filing your family’s wrongful death claim, including:
- Thoroughly investigating the cause of your loved one’s death to recover evidence needed to build your family’s case, such as accident reports, accident scene photos and videos, witness testimony, or medical records
- Identifying potentially liable parties and evaluating your family’s options for recovering compensation
- Documenting your family’s ongoing and future financial losses, including final medical expenses, funeral and burial costs, and lost income and financial contributions
- Filing your family’s claims with at-fault parties or insurers and handling communications and negotiations with insurance adjusters, corporate representatives, and defense attorneys
- Pursuing the maximum compensation and justice your family deserves, whether by negotiating a settlement that provides fair financial recovery for your losses or by taking your case to court when necessary
Contact an Indiana Wrongful Death Lawyer Today
When your family has lost a loved one because of someone else’s negligence or wrongful acts, you deserve to pursue compensation and justice for the considerable loss you’ve suffered. Contact Truitt Law Offices today for a free, no-obligation consultation with a compassionate and knowledgeable Indiana wrongful death lawyer. We’ll review your family’s options for holding those at fault for your loved one’s death accountable and ensure your case gets filed on time.
