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Losing a loved one due to someone else’s negligence or intentional actions is a life-altering experience. Whether the loss occurred because of a medical error, car accident, workplace incident, or another preventable event, the emotional and financial impact on your family can be overwhelming, but you don’t have to face it alone.
At Langer & Langer, our experienced Indiana wrongful death lawyers are committed to guiding families through this challenging time. With over 100 years of combined experience, we help surviving family members pursue justice and recover compensation for medical expenses, funeral costs, lost income, and emotional suffering.
While no legal action can replace your loved one, filing a wrongful death lawsuit ensures that those responsible are held accountable. Our compassionate personal attorneys’ law firm handles the legal complexities so your family can focus on healing.
Contact Langer & Langer today for a free, no-obligation consultation at 219-533-2744, and our Indiana wrongful death lawyers will help you seek the justice and compensation your family deserves.
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 is 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, and an experienced personal injury attorney in Indiana can help families navigate the legal process during such difficult times. 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:
Because wrongful death cases can arise because of numerous types of incidents, various defendants may be able to be held liable in Indiana wrongful death claims. In some cases, multiple parties might be defendants in a case. Our wrongful death lawyers will investigate your case to identify all possible defendants to ensure your settlement or jury award is maximized. Claims in Indiana are often filed against:
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.
Wrongful death claims and lawsuits in Indiana must be brought by the personal representative of the deceased person’s estate. In most cases, the personal representative is an immediate family member like a spouse, parent, or adult child.
Parents of minor children who were killed in accidental shootings can file wrongful death claims to recover compensation.
The chances of success depend on the facts of the case, the strength of the evidence, and whether negligence can be proven. An experienced Indiana wrongful death attorney can evaluate the circumstances, gather medical records, consult experts, and build a compelling case. While no attorney can guarantee results, having skilled legal representation significantly improves your odds of reaching a favorable outcome.
In Indiana, wrongful death compensation is subject to statutory caps. For unmarried adults with no dependents, damages for loss of love and companionship are capped at $300,000. In medical malpractice-related wrongful death claims, damages are capped at $1,800,000 under the Indiana Medical Malpractice Act. For wrongful death cases involving government entities, the recovery limit is $700,000. The applicable cap depends on the circumstances and the type of wrongful death claim filed.
In Indiana wrongful death cases, compensation is typically distributed to surviving family members, such as the spouse, children, or parents of the deceased. If there are no dependents, it may go to parents, legal heirs, or financially dependent family members. The court makes the final decision on distribution.
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