Wrongful Death
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Losing a loved one due to another's negligence is an unimaginable tragedy. At Sweeney Law Firm, our experienced wrongful death attorneys in Fort Wayne, Indiana, are committed to providing compassionate legal support during this challenging time. We understand the emotional and financial burdens you face and are here to help you navigate the legal process to seek justice and compensation. Contact us today to learn more about wrongful death legal representation.
What is Wrongful Death?
Wrongful death occurs when someone’s negligence or wrongful conduct causes another person’s death. A wrongful death suit aims to provide financial and emotional relief to surviving family members impacted by this loss.
In Indiana, wrongful death claims are governed by statute, including the Indiana Code 34-23-1-1. To preserve your right to compensation, an estate must be opened within two years of the incident. Damages vary depending on whether the deceased was:
- An adult with a spouse or dependents
- An unmarried adult without dependents
- A minor child
Economic damages may include:
- Medical, hospital, funeral, and burial expenses
- Administration costs of the decedent’s estate
- Lost earnings and household contributions
In addition, non-economic damages such as loss of companionship, care, and parental guidance may be recoverable depending on the circumstances.
Common Causes of Wrongful Death in Fort Wayne
Understanding how wrongful death occurs can help families identify whether they have a legal claim. Common causes in Fort Wayne include:
- Car and truck accidents
- Medical malpractice
- Workplace injuries
- Nursing home neglect or abuse
- Defective products
Each situation requires a detailed legal evaluation. Our attorneys can help determine the best course of action for your specific case.
Legal Standards: Negligence and Wrongful Conduct
To establish wrongful death liability, a plaintiff must prove:
- A duty of care existed
- That duty was breached
- The breach caused the death
- There are quantifiable damages
Examples of wrongful conduct include reckless driving, medical errors, unsafe working conditions, or criminal acts such as assault. Intent is not necessary—only that the act led to the death.
Damages for Loss of a Minor Child
Under Indiana Code 34-23-2-1, parents of a deceased minor may recover:
- Economic damages for loss of services and medical/funeral expenses
- Counseling costs for surviving parents or minor siblings
- Non-economic damages for the loss of love and companionship
Courts consider the strength of the relationship, potential life experiences lost, and the emotional toll on surviving parents when determining damages.
Why Choose Sweeney Law Firm
With decades of experience, Sweeney Law Firm has earned a reputation for legal excellence in Fort Wayne. We offer:
- Customized legal strategies tailored to each case
- A proven track record of multi-million dollar settlements
- Client-centered communication and support
- No fees unless we recover compensation on your behalf
Our team treats every client with the dignity, respect, and dedication they deserve.
Frequently Asked Questions
What is the statute of limitations for filing a wrongful death claim in Indiana?
Wrongful death claims in Indiana must be filed within two years of the date of death.
Who is eligible to file a wrongful death claim?
Typically, the personal representative of the deceased's estate files the claim. The proceeds benefit the spouse, children, or other dependents.
What compensation can be recovered?
Recoverable damages include medical and funeral expenses, lost income, loss of services, and emotional distress.
How is emotional suffering calculated?
Courts assess factors such as the relationship with the deceased, the depth of loss, and the emotional impact on surviving family members.
Do I need a local attorney?
Hiring a Fort Wayne-based wrongful death attorney ensures familiarity with local courts, judges, and Indiana-specific laws—maximizing your chances of success.
The First Step in Pursing a Wrongful Death Claim
If you or a loved one has been affected as a result of wrongful death, call the Sweeney Law Firm now at (260)268-0352 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.