If your family suffered a significant loss because of another party’s negligence, Indiana law may allow you to pursue justice and compensation through the civil court system. If your loved one passed away, a Mishawaka wrongful death lawyer from Isaacs & Isaacs Personal Injury Lawyers is here for you. We may be able to manage your case on your behalf.
You can speak with one of our Mishawaka personal injury lawyers for free today. We provide complimentary consultations for families who lost a loved one and others hurt in negligence incidents in and around St. Joseph County.
Will My Loved One’s Mishawaka Death Support a Wrongful Death Action?
At Isaacs & Isaacs Personal Injury Lawyers, our Indiana wrongful death attorneysrepresent clients in a wide range of negligence cases. Almost any circumstance that could support a personal injury claim will also support a wrongful death action if the victim passes away because of their injuries. If we can show negligence and liability, we may be able to recover money damages for our clients.
Some common types of cases we handle involve:
- Car accidents
- Motorcycle accidents
- Tractor-trailer and other commercial vehicle accidents
- Traumatic brain injuries
- Other catastrophic injuries
- Dog bites
- Medical malpractice
- Falls and other premises liability injuries
- Nursing home neglect or abuse
For a free legal consultation with a wrongful death lawyer serving Mishawaka, call 800-333-9999
How Much Can My Family Recover in a Mishawaka Wrongful Death Action?
There is no way to know how much your case might be worth. We calculate a range of values where a settlement might fall based on what we learn during our investigation into the case. This is a complicated process for several reasons, including because we have to identify the recoverable losses allowable under Indiana law.
Indiana has specific rules about the types of damages that are recoverable in wrongful death cases. In general, medical bills and funeral costs are almost always recoverable, and this money goes to the estate. In addition, some amount of intangible losses may be available for surviving family members based on their relationship with the deceased. Other available damages differ as follows:
Parents of child decedents under age 20 or up to age 23 and enrolled in school or a career program can recover:
- Loss of the decedent’s services
- Outstanding debts
Parents and nondependent children of an adult who was unmarried with no dependent children are barred from additional recovery beyond their related expenses and limited intangible damages. In addition, there are bars against the recovery of:
- Punitive damages
- Lost income
- Damages for grief
When a spouse or parent dies in a wrongful death, Indiana law will allow the family to seek additional types of damages that include:
- The loss of future earnings
- Loss of services provided to the household
Mishawaka Wrongful Death Lawyer Near Me 800-333-9999
Indiana Law Limits Who Can Represent the Family as the Plaintiff
Under Indiana wrongful death statutes, only the personal representative of the estate can file a lawsuit or pursue other compensation on behalf of the family. This is generally the executor of the will or the party named by the probate court to handle such legal actions. While this could be the spouse, parent, or another close relative, it depends on the victim’s will, estate plan, or the probate court’s decision.
The only time an immediate family member is allowed to file this type of action is when the victim meets the criteria for being a “child” under the statute. If the decedent was:
- Under age 20; or
- Under age 23 and enrolled in post-secondary education, technical school, or a career program
Then the law allows the child’s parents to take legal action. If the parents are divorced, the custodial parent has the legal right to file suit. If both parents are deceased or do not have parental rights, the child’s legal guardian can act.
Isaacs & Isaacs Personal Injury Lawyers May Represent Your Family’s Interests
When our team from Isaacs & Isaacs Personal Injury Lawyers handles a wrongful death case, our clients depend on us to:
- Investigate what happened and build strong support for their claim
- Demand justice and compensation on their behalf
- File their claim or lawsuit
- Represent their best interests
- Keep them up to date
- Provide answers to their questions
- Seek fair and just compensation as allowed under state law
At Isaacs & Isaacs Personal Injury Lawyers, we do not charge our clients upfront fees or costs. We work based on contingency. There are no fees to pay at all unless we win or settle your wrongful death case.
Our in-house litigation team has more than 400 years of combined experience with cases similar to yours, and we have recovered over $2 billion for our clients. You could be next.
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There Is a Short Window to File a Wrongful Death Case in Mishawaka
When a victim dies in a Mishawaka personal injury accident, their loved ones only have a limited time to take legal action and hold the at-fault party responsible. If you miss this deadline, you will not be able to use the civil court system to get justice or recover compensation for your damages, regardless of the strength of your case.
Under IC § 34-23-1-1, Indiana law gives the personal representative up to two years to begin a lawsuit. As long as the complaint is filed in the appropriate civil court by this date, the case can move forward. Missing the deadline will likely bar any financial recovery, though.
If our team knows about your case in time and we represent your family, we will ensure you meet this and other deadlines. This is a key part of protecting the rights of our clients.
Meet with a Mishawaka Wrongful Death Attorney for Free
You can speak with a lawyer from Isaacs & Isaacs Personal Injury Lawyers today for free. We provide consultations at no cost to potential clients. We want to ensure you understand your rights and the options you have to pursue compensation and get justice for your loved one. We know how Indiana wrongful death laws work and may be able to secure a settlement or other financial recovery for your family.
Connect with us today to schedule your free consultation.