Indiana Wrongful Death Lawyer
Representing injured victims in Valparaiso, Indianapolis, and the Surrounding Communities
Who May Be Held Liable for Wrongful Death in Indiana?
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:
- Dangerous product manufacturers
- Negligent drivers
- Property owners
- Trucking companies
- Violent criminals
What Our Clients Say
“In the worst time in our life, we hired Langer & Langer to fight for justice for a wrongful death at the hospital of our son. They got justice for him and were able to give us peace. They are awesome people and really care, the whole staff was kind and courteous. I would highly suggest them for injury or wrongful death cases!”
~ Genia Mathes
Elements of a Wrongful Death Claim
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.
- Duty of Care
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.
- Breach of Duty
Your wrongful death lawyer will also need to determine whether the wrongdoer acted as a reasonable, careful person under the facts and circumstances in your possible case. To make this determination, your attorney will look at the negligent, reckless, or malicious acts of the defendant. Did a negligent driver drive recklessly? Was a surgeon intoxicated? Did a property owner fail to provide adequate security?
The cause of your loved one’s death must also be considered when determining whether you have grounds for a claim. It is not enough that another party was negligent and that your loved one died. A cause of your loved one’s death must be the conduct of the responsible party. There can be more than one cause.
A wrongful death claim is intended to provide compensation to the deceased person’s loved ones. You are entitled to compensation for things such as; lost wages, funeral and burial expenses, medical expenses, and loss of love care and affection. Examples might include funeral and burial expenses, the loss of the deceased person’s income, or the loss of protection, guidance, or inheritance.
Indiana Wrongful Death FAQs
Who can bring a wrongful death claim or lawsuit in Indiana?
My child was killed in a shooting accident. Can I file a wrongful death claim?