Free Case Review for Personal Injury and Medical Malpractice
Free Case Review for Personal Injury and Medical Malpractice
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If your loved one was killed because of another party’s negligent or intentional acts in Indiana, our wrongful death lawyers may be able to help you seek damages. While filing a wrongful death lawsuit against the wrongdoer in civil court will not erase the pain of losing a loved one, it can help ensure that the party responsible for your loss is held accountable. With over 100 years of combined experience helping surviving family members win claims for damages, our law firm can help you recover compensation for the harm you have endured.
Let our wrongful death lawyers help you win financial recovery. Contact us using our convenient form below or call Langer & Langer for a free, no-obligation consultation at 219-464-3246.
Wrongful death occurs when a person loses his or her life because of the negligent, reckless, or malicious actions of another person or entity. The most common type of wrongful death lawsuits are brought by the loved ones of people who are killed in car accidents, motorcycle accidents, pedestrian accidents and truck accidents. Incidents involving medical malpractice, premises liability and other deadly personal injury accidents frequently give rise to wrongful death actions as well, however. In Indiana, there is an important distinction between fatalities that are caused by personal injury incidents and deaths that are caused by medical malpractice. The rights of survivors vary, depending on the cause of death and the relationship with the deceased.
In Indiana, the personal representative of the deceased person’s estate must be the one to file a wrongful death lawsuit. If the case is successful, however, compensation is paid out to the eligible family members, not the estate. Surviving family members may be entitled to receive compensation for:
Losing a loved one unexpectedly is not always grounds for a wrongful death claim or lawsuit. For a wrongful death claim to be successful, you and your wrongful death lawyer must prove that various elements are present. If any of these elements are missing, you and other surviving family members may not be able to recover compensation for your losses.
To determine whether you have grounds for a wrongful death claim, your attorney will consider if the following exist.
When evaluating your case, your wrongful death attorney will consider whether the other person or entity owed a duty of care to the deceased. In most cases, demonstrating that a duty of care existed merely involves showing that a negligent driver had the duty to drive safely or that a medical provider had the duty to provide appropriate medical care.
Personal representatives generally have 2 years from the date the person died to file a wrongful death lawsuit in Indiana. However, wrongful death lawyers often advise people to consult with an attorney as soon as possible, since exceptions to the statute of limitations may apply.
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