What is a wrongful death claim?

“Wrongful death” is when someone dies due to the misconduct or negligence of another party.  When a loved one dies as a consequence or misconduct of another, it can be devastating. There is no way to truly compensate for the loss of a loved one.

There are different circumstances in which wrongful death can arise. These include car accidents, medical malpractice, premises liability, construction accidents, birth injuries, workplace accidents, and defective products.

Indiana has 3 types of statutes governing wrongful death suits. These include –

• General Wrongful Death. This type of case involves the death of a person who has a spouse and/or dependents. It is brought by a close family member or other personal representative of the estate. You may seek compensation to cover medical and hospital bills, funeral and burial expenses and lost earnings. Only the victim’s spouse, dependent children or dependent next of kin may recover damages for lost earnings.

• Adult Wrongful Death. This involves a deceased person with no spouse and/or children and is also initiated by a personal representative of the estate. The personal representative may seek compensation for medical, hospital and funeral expenses and loss of love and companionship. There is generally no recovery for lost earnings.

• Child Wrongful Death. This type of lawsuit is initiated by the parent(s) or guardian(s).

You have 2 years to file a wrongful death claim, so it is important to speak with an attorney promptly because of the time required to investigate and gather evidence. The Law Office of Shannon G. Starr, LLC handles wrongful death cases. To learn more, or set up a consultation, contact Shannon at shannon@sgstarrlaw.com.

Disclaimer – The content of this article is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case or circumstance. Every situation is different and you should consult an attorney if you have any questions about your situation.