Indiana Wrongful Death Lawyers & Attorneys

A wrongful death is a term that describes a situation when someone’s negligence or wrongful conduct causes another person’s death. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of a family member’s death. If you have lost a loved one as a result of someone else’s negligence, you may want to consult an experienced injury attorney to assist you. At the Sweeney Law Firm, we recognize that there is no greater loss than the tragic and untimely loss of a loved one. You can rest assured that our legal team will treat you and your family members with sensitivity, professionalism, dignity and respect.

In the State of Indiana, wrongful death causes of action were created by statute. The Indiana legislature passed the Wrongful Death Act, I.C. 34-23-1-1. Pursuant to this Act, an estate in the name of the party that died as a result of the wrongful act of another must be opened within two (2)years of the date of the wrongful act, or the cause of action will be barred by the running of the statute of limitations. Under Indiana law, the types of damages that may be recovered in a wrongful death case depend upon whether the decedent is (1) an adult with a spouse or dependents; (2) an unmarried adult without dependents; or (3) a minor child.

In many wrongful death cases, families suffer devastating financial harm resulting from the death of a spouse or a parent. If the deceased person had a surviving spouse, surviving children, or relatives that were financially dependent upon the decedent, the following economic damages may be recovered in a wrongful death cases:

Reasonable medical, hospital, funeral and burial expenses;
Reasonable cost of administration of the decedent’s estate; and
Lost earnings and household services that would have benefited the survivors.

In addition to damages for the economic harm set forth above, Indiana law permits spouses and dependent children to recover non-economic damages for loss of love, care and affection as well as damages for loss or parental guidance and training. In 1999, the Indiana legislature adopted I.C. 34-23-1-2, which allows recovery of damages for the wrongful death of an adult person with no dependents. I.C. 34-23-1-2 provides for the recovery of both economic and non-economic damages. The economic damages include the reasonable medical, hospital, funeral and burial expenses that result from the wrongful death. The non-economic damages that may be recovered are the losses of the adult individual’s love and companionship. The only persons who can recover damages for lost love and companionship of an adult person with no dependents are a parent or a child, and they must prove a “genuine, substantial and ongoing relationship” with the decedent.

I.C. 34-23-2-1 governs wrongful death cases arising out of the death of a minor child. Under that statute, a child is defined as an “unmarried individual without dependents who is less than 20 years of age or 23 if enrolled in an institution of higher learning or a vocational school.” Indiana’s Wrongful Death Act allows parents to recover economic damages for the loss of the child’s services, the medical and funeral expenses for the deceased, and the cost of counseling for the surviving parents or minor siblings. The non-economic damages that may be recovered are damages for the lost love and companionship that the child could have provided to his parents until the end of the last surviving parent’s life.

The First Step in Pursing a Wrongful Death Claim

If you or a loved one has been affected as a result of a wrongful death, call the Sweeney Law Firm now at (866) 793-6339 or submit the case form below. The initial consultation is free, and if we agree to accept your case, we will handle your case on a contingent fee basis, which means we get paid for our services only if there is a settlement or recovery of funds. There is no reason to hesitate. Contact us today for a free initial evaluation of your case.

Phone: 260-420-3137 Toll Free: 866-793-6339

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Fort Wayne, Indiana Personal Injury, Medical Malpractice Lawyers & Attorneys

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