When someone acts irresponsibly and injures another person as a direct result, the injured person can demand compensation for the losses their injuries will cause them. However, if those injuries are ultimately fatal, surviving family members can file a lawsuit in the form of a wrongful death claim.
Pursuing this sort of case can be both legally and emotionally challenging. It is particularly important to have a seasoned personal injury attorney’s support. Fortunately, the assistance your family may need to enforce your collective rights is available from Crown Point wrongful death lawyer David W. Holub, who has years of experience handling similar cases successfully.
When Is It Possible to Sue Over Wrongful Death?
According to Indiana Code § 34-23-1-1, it is possible to file a wrongful death claim whenever someone’s death results directly from someone else’s “wrongful act or omission.” As a Crown Point wrongful death attorney could further explain, this means it is possible to sue for damages through a wrongful death lawsuit in the wake of a criminal act. This is regardless of the outcome of the criminal proceedings, whether those proceedings are still ongoing, or even whether charges have been formally filed against the defendant in the first place.
The only person with legal standing to actually file a wrongful death lawsuit is the “personal representative” for the deceased person’s estate. The only exception to this is if the deceased person is:
- A viable fetus
- An unmarried person under 20 years old without dependents
- An unmarried person under 23 years without dependents and enrolled in an educational program
In these scenarios, the deceased person’s parent(s) can file a wrongful death so long as they have legal custody over the child.
Recovering Fairly for Wrongful Death Damages
The kind of losses that can be factored into a wrongful death lawsuit or settlement demand change somewhat depending on the deceased person’s age and marital status, as well as on whether they had any dependent children. Loss of love and companionship can virtually always be included in this sort of claim, as can costs associated with the deceased person’s medical care, funeral and burial services, and estate administration services.
If the deceased person was married or had minor dependent children, it may be possible to sue for loss of love, guidance, and affection as well. Conversely, if the deceased person was a minor, a wrongful death lawyer in Crown Point could help pursue restitution for the costs of counseling services provided to the child’s parent(s) and minor sibling(s).
Consider Working with a Crown Point Wrongful Death Attorney
Losing a close family member before their natural time is always an incomparable tragedy, and anyone who has experienced a loss like this recently knows that money alone cannot possibly make up for the loss of family. That said, demanding civil restitution from someone whose negligent or wrongful act contributed to causing your loved one’s death can still be key to protecting your best interests in the short term and the long term.
Support from a seasoned Crown Point wrongful death lawyer will almost certainly be vital to pursuing this sort of claim effectively and getting the best final outcome possible. Call The Law Offices of David W. Holub today to learn more.