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Who Can File a Wrongful Death Claim in Indiana?

Personal Injury
Wrongful Death Claims
Who Can File a Wrongful Death Claim in Indiana?

If you have recently lost someone close to you due to the wrongful acts of another person or entity, you may be entitled to compensation for your loss. A wrongful death claim in Indiana is governed by the laws of the state and only certain people are able to bring such a claim. In this blog post, we’ll take a look at who can file a wrongful death claim in Indiana so that you can make an informed decision about whether or not it’s something that could benefit you. 

Who Can File a Wrongful Death Claim?

In Indiana, only certain people are allowed to bring a wrongful death claim. These people include: 

  • The decedent’s personal representative, who is appointed by the court and given power over the decedent’s estate; 
  • The surviving spouse of the decedent; 
  • Any surviving children of the decedent; and 
  • Other family members who can prove they were financially dependent on the decedent at the time of their death. 

It is important to note that while any one of these individuals can bring a wrongful death claim, they must all agree on who will bring it and how any proceeds will be distributed among them. If there is disagreement between these parties, then all potential claimants must go through mediation before filing suit in court. This process involves negotiation between all parties involved with assistance from an impartial mediator.          

What Kinds of Damages Are Available Through Wrongful Death Claims in Indiana?

There are two general categories of damages that can be awarded through wrongful death claims—economic damages and non-economic damages. Economic damages are those which compensate for actual financial losses incurred as a result of the deceased person’s passing such as medical bills, funeral expenses, lost wages, etc. Non-economic damages are those which compensate for emotional losses such as pain and suffering or loss of companionship caused by the deceased person’s passing. Depending on the circumstances surrounding your loved one’s passing, either type (or both) may be available to you under Indiana law. 

Wrongful Death Lawsuit Consultation

Filing a wrongful death claim in Indiana can seem like an overwhelming prospect after losing someone close to you, but understanding which parties may file such claims can help make it less daunting. As discussed above, only certain people are allowed to file such injury claims under Indiana law including spouses, children and other family members who were financially dependent upon the deceased person when they passed away. Additionally, both economic and non-economic damages may be available depending on your circumstances. This is why it is important to speak with an experienced attorney if you believe your loved one’s passing was due to another’s negligence or careless act. Contact The Law Offices of Shane O’Donnell for a consultation to determine if financial compensation during this difficult time is available for yourself and other affected family members.

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