Grief is one of the most powerful of human emotions. When you have lost someone you love due to the actions of another, grief can be consuming. With a sudden death, one minute you have your loved one, and then they’re gone. You still have the unexpected expenses for the funeral, unpaid medical debt, and more. A Fishers wrongful death lawyer can provide the help you need.
Navigating the death of a family member is difficult enough. It is even more challenging when the cause is negligence or the recklessness of someone else’s actions. You don’t have to travel that road alone.
Isaacs & Isaacs Personal Injury Lawyers has a team of professionals to assist you through the entire process. We can help by filing a claim for compensation for the wrongful death of your family member.
Defining Wrongful Death in Fishers, IN
Different types of events result in wrongful death, including:
- Vehicle accidents
- Medical malpractice
- Crimes and other intentional acts
- Slip and fall accidents
- Workplace accidents
- Defective products
In some cases, wrongful death might result in criminal charges but is most often handled as a civil lawsuit. If you love someone because of the actions of another, it might be helpful to discuss it with a Fishers wrongful death lawyer.
For a free legal consultation with a wrongful death lawyer serving Fishers, call 800-333-9999
Who Can File a Wrongful Death Claim?
In Indiana, the law limits who may file a civil lawsuit on behalf of the family. If the person who passed was an adult, only the personal representative for the estate might file a wrongful death claim. When the decedent was a child, a claim may be filed by a surviving parent or guardian.
Fishers Wrongful Death Lawyer Near Me 800-333-9999
Proving Negligence in a Wrongful Death
To prove negligence, you must verify the four elements of negligence – duty of care, breach of duty, causation, and damages. A wrongful death attorney can help, as they understand the entire process of compiling a successful claim.
To break down the meaning of the elements, let’s start with damages. To prove damages is almost automatic, as your damage is the loss of your family member. Proving that the damages (causation) resulted from a person, corporation, or another entity becomes more complicated. But if you can prove duty and breach, this often falls into place.
Breach of duty and duty of care means that you need to prove that the defendant had a responsibility to do something and failed to do it. For instance, suppose a factory supervisor knew repair was required on a piece of machinery (duty of care). To meet production quotas, they ordered your family member to work with the unsafe equipment rather than having it repaired (breach of duty). If your family member died due to using that broken equipment, negligence is evident.
Explaining the Burden of Proof
The burden of proof is a measurement of the quality of evidence presented. Using the above example, suppose you produce 100 witnesses that heard the supervisor order your loved one to use the broken equipment. That wouldn’t meet the rules of burden of proof.
It doesn’t demonstrate that the supervisor knew the equipment was broken. However, a copy of the work order signed by the supervisor and dated the day before the accident would prove that he was aware of the problem.
That could then be supported by factory visitor logs showing that the repairperson had not been to the facility to perform the repair before the accident.
The burden of proof is the responsibility of the plaintiff and their legal team. Our wrongful death team can help you build a solid claim.
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Damages in a Wrongful Death Claim
In a personal injury lawsuit, the compensation goes to the injured party. In a wrongful death claim, compensation is for the family. Money won’t bring their family member back. Still, it can help the family recover from financial burdens due to death. Indiana has very well-defined specifications for the types of damages awarded.
If the decedent is a child, compensation to the family may include:
- Loss of the child’s services
- Los of love and companionship of the child
- Health care, hospitalization, and outstanding debts
- Costs to administer the estate
- Counseling for parents and minor siblings
Surviving families of adults who are unmarried with no dependents, the estate, parents, and non-dependent children may be awarded:
- Funeral expenses
- Burial costs
- Loss of love and companionship
- Medical costs and hospital expenses related to the death
When the decedent was married or had other surviving dependents, compensation may be awarded for:
- Funeral and burial costs
- Medical expenses and other remaining bills
- Loss of future earnings
- Loss of love, training, care, guidance, and affection
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Filing Deadlines
In Indiana, a claim must be filed within two years from the date of the death per IC § 34-23-1-1. A Fishers wrongful death lawyer can help you compile a claim. They can gather evidence and documentation, leaving you free to grieve with your family.
Schedule Your Free Case Review
We can’t roll back time and return your loved one to you, but we can work to get your family the compensation they deserve to move forward.
Contact Isaacs & Isaacs Personal Injury Lawyers for a free case review to explore your options. We do the work for you so that your family can grieve without the additional burden of worrying about financial matters.
Call or text 800-333-9999 or complete a Free Case Evaluation form
