Who Can File a Wrongful Death Lawsuit in Indiana?

Who Can File a Wrongful Death Lawsuit in Indiana?

The loss of a loved one is devastating, and when that loss is caused by someone else’s negligence or wrongful actions, it compounds the challenges faced by the family. Understanding who can file a wrongful death lawsuit in Indiana is important for those seeking justice and compensation for their unimaginable loss. At Worthley Law LLC, we are here to guide you through this complex process, offering support when you need it the most.

Understanding Wrongful Death Laws in Indiana

A wrongful death lawsuit is a civil claim brought forward when a person’s death is caused by another party’s wrongful act, negligence or omission. It is distinct from a criminal case, as it seeks financial compensation rather than criminal penalties. Under Indiana law, these lawsuits allow surviving family members to recover damages that mitigate the financial and emotional toll of their loss.

The state of Indiana has specific rules governing who may file a wrongful death lawsuit. By understanding these guidelines, families can ensure their claim is properly handled within the bounds of the law.

Who Is Eligible to File a Wrongful Death Lawsuit in Indiana?

The ability to file a wrongful death claim depends on the age and status of the deceased individual. Here’s a breakdown based on Indiana’s legal framework:

For an Adult Decedent

When the deceased individual is an adult, only the personal representative of their estate has the authority to initiate a wrongful death lawsuit. The personal representative is often the executor named in the decedent’s will. If no executor is named, the court appoints one.

Although the personal representative files the lawsuit, any compensation awarded benefits the surviving family members or the estate. For instance, if the deceased person had a spouse or children, those individuals may recover damages for their losses, including emotional suffering and financial hardship. If the deceased adult was unmarried and without dependents, any recovery typically goes to the estate.

For a Child Decedent

If the wrongful death involves a child, Indiana law allows the child’s parents to file the lawsuit. If the parents are divorced, only the parent with legal custody may file the claim. Additionally, a legal guardian may bring the claim in cases where the parents are deceased or have lost parental rights.

Damages Recoverable in Wrongful Death Claims

While no amount of money can replace a loved one, Indiana law provides remedies for financial and emotional losses through wrongful death lawsuits. Some of the damages that may be pursued include:

• Medical Expenses: Costs incurred for any medical treatment before the deceased’s passing due to the wrongful act.
• Funeral and Burial Costs: Reasonable expenses for services and burial may be recovered.
• Loss of Love and Companionship: Surviving family members may seek compensation for the emotional and relational loss they suffer.

Contact Worthley Law LLC for Trusted Guidance

Navigating the legal elements of a wrongful death case can feel overwhelming during an already challenging time. At Worthley Law LLC, we understand the emotional strain you’re under, and we are dedicated to providing compassionate yet effective legal assistance.

If you have lost a loved one due to someone else’s negligence, contact our experienced attorneys to discuss your case. We will work tirelessly to advocate for the compensation your family needs to move forward.