Greensburg, IN, Wrongful Death Lawyer

Experienced Greensburg, IN, Wrongful Death Lawyer

The loss of a family member due to wrongful death can leave you feeling overwhelmed and uncertain about the future.

We know that no amount of compensation can fully heal the pain of your loss. However, holding responsible parties accountable can provide your family with a sense of closure and financial stability. There are legal provisions governing wrongful death that empower surviving family members to file claims against those responsible. If you’ve lost a loved one due to another’s negligence, pursuing monetary compensation can serve as a means to achieve justice for your family.

Contact Stephenson Rife at (317) 953-4324 for a free consultation with our Greensburg, IN, wrongful death attorneys. We will stand by your side, offering guidance and unwavering advocacy every step of the way.

What Is Wrongful Death?

Wrongful death is a situation in which the reckless, negligent, or intentional actions of another party cause a person’s death. When a wrongful death occurs, the surviving family members may have the right to seek compensation through a civil lawsuit. Wrongful death claims are intended to provide a means for these families to seek justice and compensation for their losses.

Key Elements of Wrongful Death Claims

Causation: It must be demonstrated that the defendant’s actions or omissions directly caused or significantly contributed to the victim’s death. Establishing a clear link between the defendant’s conduct and the fatal outcome is essential in wrongful death cases.

Negligence: Wrongful death claims often hinge on proving that the defendant was negligent or failed to exercise reasonable care, resulting in the death of the victim.

Breach of Duty: The responsible party owed a duty of care to the victim. For instance, drivers must drive their vehicles safely; healthcare providers must provide competent medical treatment; and property owners must maintain safe premises.

Who Can File a Wrongful Death Lawsuit?

When someone dies, their next of kin typically handles funeral arrangements and manages personal property. In wrongful death cases, it might seem logical that family members would file the lawsuit. While this is often the case, it is not always so.

A wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This representative is often a family member, such as a spouse or adult child, but it doesn’t have to be. The personal representative could be an attorney who managed the deceased’s end-of-life affairs or someone named in the deceased’s will. Consequently, many individuals could potentially serve as the personal representative.

If you’ve lost a loved one in a wrongful death incident and want to file a lawsuit, you need to check with the personal representative of your loved one’s estate. If you’re unsure who that is, our Indianapolis wrongful death attorneys can help. If there is no formal estate in probate, we can help establish one and seek to have our client appointed as the personal representative to pursue recovery.

Death of a Child

Indiana’s rules for the accidental death of a child are outlined in I.C. 34-23-2-1. While many assume a child is anyone under 18, Indiana’s statute defines a child as an “unmarried individual without dependents who is under 20 years old, or under 23 if enrolled in a higher education or vocational school.”

Under Indiana’s Wrongful Death Act, parents can recover economic damages for the loss of the child’s services, medical and funeral expenses, and counseling costs for surviving parents or minor siblings. Non-economic damages include compensation for the lost love and companionship the child would have provided to their parents throughout the parents’ lives.