Losing a family member is painful regardless of how the death occurred. However, when the death of a family member is the result of a careless or negligent act, the frustration and anger combined with the grief can be overwhelming. If your loved one died too soon because of the wrongful acts of another person, you have the right to seek justice for your loved one and your family by filing an Indiana wrongful death lawsuit.
Wrongful death claims are different from other types of personal injury claims. The victim cannot speak for himself or herself. However, you can speak for your loved one, and we can help.
Contact our Indianapolis wrongful death lawyers to discuss the steps you need to take to hold the person responsible for the death of your loved one accountable and liable. Call 1-800-265-9881 now for your free consultation with a PBAR wrongful death attorney.
Limits for Compensation in Wrongful Death Cases
In many wrongful death actions, there are no limits for compensation. However, there are a few instances in which the compensation for a family may be limited. Our Indianapolis wrongful death lawyers work diligently to recover the maximum compensation for families who have lost a loved one because of the wrongful acts of another party.
If you want to explore filing a wrongful death claim, contact Poynter & Bucheri, LLC by calling 1-800-265-9881 for a free consultation with one of our Indianapolis wrongful death lawyers.
3 statutes in Indiana govern wrongful death lawsuits in our state.
Wrongful Death Act
Indiana’s Wrongful Death Act is the general act that covers many of the wrongful death claims filed in the state. The law limits actions to claims filed by the personal representative for the deceased’s estate. The law does not place a limit on compensation paid under the Wrongful Death Act. However, compensation for medical and burial expenses must be reasonable. The proceeds of a wrongful death settlement under this statute are for the benefit of the person’s surviving spouse and dependents.There are caps for compensation if the claim under this act was because of medical malpractice or involves a government entity. The limit for compensation in medical malpractice cases is $1,250,000, and the limit for compensation in cases involving a government entity is $700,000.
Child’s Wrongful Death Act
The Child’s Wrongful Death Act is used when the deceased person is single, has no dependents, and is under the age of 20 years old or 23 years old if in certain types of educational institutions. There are no limits on the compensation that may be awarded under the Child’s Wrongful Death Act, except in cases of medical malpractice or cases involving government entities. In addition, the Indiana General Assembly has defined a viable fetus as a “child” in claims under this statute.
Adult Wrongful Death Act
A claim under the Adult Wrongful Death Act may be brought when the deceased person is not married and does not have any children or dependents. Whereas, there are no substantial limits to compensation in the other two Indiana wrongful death statutes, the Adult Wrongful Death Act places a $300,000 limit on non-economic damages under this wrongful death statute.
If you want to pursue a wrongful death lawsuit, call our wrongful death attorney in Indianapolis at 1-800-265-9881 for a free consultation.
What Type of Damages Are Awarded in an Indiana Wrongful Death Lawsuit?
Even though money will not ease your pain nor will it bring back your loved one, the judicial system can only provide compensation for a death by awarding a monetary judgment against the person or party who caused the death.
It is very important to consult with an experienced Indianapolis wrongful death attorney. The types of damages and the amount of compensation you might receive depends on the facts and circumstances in your case.
Examples of the types of damages that you might be entitled to compensation for in a wrongful death action include:
- Reasonable costs of medical care from the date of injury through the date of death
- Loss of financial support from the deceased person
- Reasonable expenses for burial and funeral expenses
- Cost of attorney fees and expenses of pursuing a wrongful death claim
- Loss of affection, love, and care for surviving spouses
- Loss of parental guidance for surviving children
Loss of household services
You Can Talk to Someone Right Now About Your Case!
Request a free case review with an Indianapolis wrongful death attorney at Poynter & Bucheri, LLC. You can also chat with a representative 24/7 online to get the help you need now!
Types of Wrongful Death Cases in Indianapolis
Several different situations may give rise to a wrongful death lawsuit in Indiana. Some of the common types of wrongful death cases that our Indianapolis wrongful death lawyers handle include:
- Motor vehicle accidents, including a car crash, commercial truck accidents, bus accidents, motorcycle crashes, etc.
- Bicycle Accidents
- Pedestrian Accidents
- Boating Accidents
- Medical Malpractice
- Defective Products
- Premises Liability Claims (Slip and Fall Accidents)
- Aviation Accidents
- Workplace Accidents
- DUI Accidents
- ATV Accidents
- Intentional Acts Of Violence
- Sporting And Recreational Accidents
If you believe your loved one died because of a wrongful act, we encourage you to contact our office for a free consultation. Your time to file a wrongful death lawsuit is limited by law.
In most cases, you only have two years from the date of death to file your claim. However, some situations could shorten that time, such as in cases involving a government entity. Therefore, do not delay in contacting a wrongful death lawyer with Poynter & Bucheri, LLC for an appointment.
We Specialize in Helping Personal Injury Victims Like You!
Call 1-800-265-9881 or (317) 780-8000 to request your free consultation with an Indianapolis wrongful death attorney with Poynter & Bucheri, LLC.
It is our mission to help families who have been impacted by the negligent, reckless, and wrongful acts of another party. We want to help you seek justice for your loved one and your family.