The death of a spouse, child, or parent suddenly caused by someone else’s actions can devastate a family. While grieving, the last thing you might consider is filing a claim against the person responsible for causing your loved one’s death. However, while recovering compensation may not be top of mind, it could help your family move forward without worrying about the financial uncertainty caused by your loved one’s loss.
At Isaacs & Isaacs Personal Injury Lawyers, a Westfield wrongful death lawyer can help you recover compensation for the death of your loved one. For example, you might face extensive medical bills for the care your loved one received before they passed away. In addition, you now must replace the income they provided for the family. Our team can look at your accrued financial losses and help you recoup that money.
Wrongful Death Damages You Could Recover
The damages you could recover in a wrongful death case vary based on your losses. You could recover both economic and noneconomic damages.
Economic Damages in Wrongful Death Cases
Economic damages refer to monetary losses you accrued because of your loved one’s death. They repay out-of-pocket costs associated with the accident that caused the death. Economic damages you could recover in a wrongful death case include:
- Final medical expenses: If your loved one received emergency or palliative medical care, you could include the costs of final medical care in damages.
- Funeral services: You can include the costs of funeral, burial, and cremation services in your claim.
- Lost future income: If your loved one was your family’s primary income source, you could recover their current and future earnings.
Noneconomic Damages in Wrongful Death Claims
These damages are subjective and not associated with a specific expense. Instead, they compensate the victim’s family for nonmonetary losses they endured because of the death of their loved one.
Unlike many states, Indiana law disallows “damages awarded for a person’s grief” in wrongful death claims. However, you could still recover these noneconomic damages in a Westfield wrongful death case:
- Loss of love and companionship: If you suffered from losing your loved one’s care and support, you could claim this damage.
- Loss of training and guidance: If you have dependent children who will not benefit from their parent’s wisdom and direction as they grow up, you could claim this damage.
Because noneconomic damages don’t have a precise monetary value, our attorneys can calculate their worth. We will total your economic and noneconomic damages to determine how much compensation we seek in your case.
Who Can Recover Damages in a Wrongful Death Case?
Surviving parents, children, and spouses can sue for wrongful death damages in Indiana. Our wrongful death attorneys serving Westfield will discuss if you qualify to sue for wrongful death during our free initial consultation.
For a free legal consultation with a wrongful death lawyer serving Westfield, call 800-333-9999
About Indiana Wrongful Death Lawsuits
Wrongful death occurs when someone dies because of another party’s negligent or purposeful actions. These lawsuits compensate survivors for the losses they endure.
How Wrongful Death Occurs
Most wrongful deaths occur because of someone else’s negligent act. Families find these deaths especially difficult to deal with, knowing the accident was preventable. Common wrongful death accidents we have handled include:
- Car accidents
- Medical malpractice
- Defective drugs or products
- Workplace accidents
- Criminal acts
- Pedestrian accidents
- Drunk driving crashes
We can help regardless of how your loved one passed away. During our initial consultation, we can discuss the circumstances of your case and explain your options.
You Have a Limited Time to File a Wrongful Death Lawsuit
IC § 34-23-1-1 provides a decedent’s personal representative two years from their death to file a wrongful death lawsuit. Thus, contacting an attorney soon after your loved one dies from a wrongful death could help your case. Our team needs time to investigate your loved one’s death and build a compelling case for compensation.
Once you start working with our firm, we will ensure you don’t miss any deadlines so you can recover the compensation you should receive. We will guide you through this difficult time and ease your financial stress.
Westfield Wrongful Death Lawyer Near Me 800-333-9999
How to Prove Wrongful Death
Our wrongful death lawyers serving Westfield have handled many wrongful death cases and built solid case strategies. We must prove:
- Your loved one died because of negligence or an intentional act.
- The surviving family members have dealt with financial suffering because of their loved one’s death.
Our team will demonstrate how someone’s negligent actions caused your loved one’s death. Thus, we must prove the defendant satisfied all elements of negligence:
- Duty of care: The defendant owed others the standard level of care a reasonable person would show someone else. For example, a driver has the responsibility not to take the wheel intoxicated.
- Breach of duty: The at-fault party breached their duty of care by failing to uphold a standard level of care. In our example, the driver operated their vehicle while legally drunk.
- Causation: The defendant’s breach of duty caused the victim’s injuries, leading to their wrongful death. To continue our example, the drunk driver crashed into someone’s car, killing the other driver.
- Damages: In a wrongful death case, the surviving family members must have incurred damages because of their loved one’s death. Perhaps the deceased driver was the primary breadwinner for a family with young children who no longer have their parent to guide them while growing up.
Our attorneys have successfully pursued damages in wrongful death cases throughout Kentucky, Indiana, and Ohio. We will work to do the same for you no matter the circumstances of your loved one’s passing.
Contact Our Compassionate Wrongful Death Lawyers Today
It is heartbreaking when a loved one passes away suddenly. However, when a loved one dies because of someone’s negligent or purposeful actions, you deserve answers, justice, and compensation for your losses.
Contact a wrongful death attorney serving Westfield from Isaacs and Isaacs Personal Injury Lawyers today for a free consultation. A staff member is available 24/7 to explain your legal options and answer any questions you have.