If your loved one recently passed away because of someone else’s bad behavior, you have a right to pursue justice and compensation under Indiana law. A Michigan City wrongful death lawyer from Isaacs & Isaacs Personal Injury Lawyers may be able to handle your claim or lawsuit, represent your best interests, and recover damages on your family’s behalf.
You can speak with a Michigan City personal injury lawyer from our team about your legal options today. We have helped our clients recover more than $2 billion in settlements and other relief, and your family could be next.
Trust Isaacs & Isaacs Personal Injury Lawyers with Your Case
At Isaacs & Isaacs Personal Injury Lawyers, our in-house litigation team can help you settle an insurance claim, file a lawsuit, or take your case to trial. Our attorneys have over 400 years of combined legal experience handling personal injury and wrongful death cases.
As a client, you can count on our legal team to:
- Answer your questions
- Protect your rights
- Develop a strong case
- Collect the necessary and available evidence
- Communicate about your case regularly
- Be available to address any concerns
- Fight for your family’s best interests
- Seek justice for your loved one and your family
Our attorneys do not charge upfront fees or costs. We work based on contingency and never ask our clients to pay fees unless we win or settle their case. We understand you have already suffered enough and may be paying for covered expenses and losses out of pocket. We do not believe hiring a lawyer should cause additional financial stress for your family.
For a free legal consultation with a wrongful death lawyer serving Michigan City, call 800-333-9999
Wrongful Death Actions and Indiana Law
Each state sets its own wrongful death statutes and rules. While most are similar and allow immediate family members to recover compensatory damages if they can prove negligence and liability, they all differ somewhat.
Under Indiana wrongful death laws, there are strict limitations on the types of damages recoverable, who can file a wrongful death action, and how quickly you must file your complaint. Our attorneys can help you understand how these statutes affect your case during your initial consultation.
The Victim’s Age and Relationships Determine the Recoverable Damages
Indiana law very specifically dictates the potentially recoverable damages after a wrongful death. These damages differ based on:
- The age of the decedent
- The marital status of the decedent and if they have dependents
A decedent could fall into one of three categories under these laws:
A Married Party or Parent
When a spouse or parent passes away and leaves surviving dependents, that family can recover a range of damages that includes:
- Funeral and burial or cremation costs
- Medical expenses related to their injuries
- Loss of services
- Loss of their future earnings
- Loss of love, affection, guidance, and other intangible losses
An Unmarried Adult with No Dependents
When a person dies who is age 23 or older but has no spouse or children, Indiana law significantly restricts the types of damages available to their family. Their parents and any non-dependent children may be eligible to receive:
- Medical care costs
- Funeral and burial expenses
- A limited financial recovery for the loss of their love and companionship
Barred damages include loss of income, punitive damages, and grief.
It is essential to know that this does not only refer to those under the age of 18. This section of code defines a “child” as:
- Anyone under the age of 20; or
- Someone under the age of 23 who is enrolled in a college or university, technical school, or another career training program
When a child dies, the parents may recover for:
- The loss of services provided by the child
- The intangible losses to loved ones, including love and companionship
- Related expenses, including medical care, outstanding debts, and funeral and burial costs
Only the Decedent’s Personal Representative Can File a Wrongful Death Action
Indiana law restricts who can file a wrongful death action to the decedent’s personal representative in most cases. This is the party that represents the estate in probate and other legal matters. They are also sometimes called the “executor” of the estate.
This may be the victim’s spouse, parent, adult child, or another relative who will benefit from the proceeds of a wrongful death action, but sometimes it is a third party named in the will or by the probate court.
The primary exception to this rule is when the deceased was under age 20 or under age 23 if still in school. If Indiana wrongful death laws consider the decedent a child, their parents—or the custodial parent if divorced—can file a wrongful death action. Alternatively, their legal guardian can act on the estate’s behalf.
Types of Cases That Support a Michigan City Wrongful Death Claim
While your best option is to have an Indiana wrongful death lawyer from Isaacs & Isaacs Personal Injury Lawyers review your case with you, we can go over many of the types of cases that could support a wrongful death action under Indiana law. Generally, if there is evidence to show another party’s negligence caused the incident and injuries, it could support a compensation claim.
Some of the most common causes of wrongful deaths we see include:
- Traffic accidents
- Truck collisions
- Medical malpractice
- Slip and falls and trip and falls
- Other premises liability accidents
- Nursing home abuse
- Product liability incidents
- Dog bites
If your loved one died in any of these types of incidents or accidents, you may be able to get justice through a Michigan City wrongful death action. We may be able to file an insurance claim or lawsuit on your behalf, present evidence to support your case, and secure a settlement or other relief.
There are time limits for filing a lawsuit in a LaPorte County civil court. Under IC § 34-23-1-1, most families only have up to two years to submit their complaint and officially begin the process. Missing this deadline or getting started too late could make it difficult or impossible to recover compensation.
Michigan City Wrongful Death Lawyer Near Me 800-333-9999
Speak to a Michigan City Wrongful Death Attorney for Free Today
Isaacs & Isaacs Personal Injury Lawyers provides free consultations to families who lost a loved one. We can review your Michigan City case with you today for free, explaining your rights, options, and next steps. Connect with us today to get started.