The death of a loved one is one of the most stressful life events you can experience. The loss can be even more challenging when they pass because of someone else’s negligent, reckless, or willful actions.
You may be struggling to pay for funeral expenses, make up for lost wages, and more. Losing a family member often means losing their services, which may require hiring someone to perform those on their behalf.
A wrongful death claim can help you get compensation and feel a sense of justice during this difficult time. Talk to a Lowell wrongful death lawyer to find out what potential remedies may be available. Our compassionate personal injury attorneys are here to support you throughout the legal process.
What Is a Wrongful Death?
A death is wrongful if it results from someone’s negligent, reckless, or willful behavior. Negligence occurs when a person fails to meet their duty of care to another. The duty of care can be specific—for example, a doctor owes a specific duty of care to a patient—or general, such as a driver’s duty to others on the road.
To prove negligence, a person must show that the wrongdoer breached the duty of care towards them and that the breach caused injuries. Additionally, the injuries must lead to damages. However, the harm does not have to be physical—it can be mental or emotional.
Recklessness goes beyond negligence. A negligent person could be absent-minded or distracted. However, a reckless person knowingly ignores danger or disregards safety; for example, a person who chooses to text and drive knows that distracted driving is dangerous.
There is also willful behavior. Homicide charges can support a wrongful death claim. However, the criminal justice system and the civil justice system are separate. A criminal conviction does not automatically lead to damages for the decedent’s family.
In addition, because of the different burdens of proof, survivors can prevail in a civil claim even if there is insufficient evidence for a criminal conviction. For more information, schedule a consultation with a Lowell wrongful death attorney.
Wrongful Death Allegations and the Statute of Limitations
Generally, the statute of limitations for negligence in Indiana is two years from the date of the incident. However, several details unique to each case can affect whether the two-year time period is counted from the date of death or the date of the alleged incident, so it is important to consult an attorney about your case.
For example, suppose medical malpractice causes a wrongful death. Under the Indiana Wrongful Death Act, the estate’s lawsuit must be filed within two years of the decedent’s death. However, under the Indiana rules on the timeline to file a medical malpractice case, the suit must be filed within two years of the alleged malpractice. Indiana courts have determined that in such a case, the suit must be filed by the shorter of the two deadlines—that is, the two years from the date of the alleged malpractice.
This is just one example; there are numerous facts to consider in each case. It is crucial to consult an attorney so that you are not time-barred from bringing your case.
Damages in Wrongful Death Cases
The value of a damage award in wrongful death cases depends on the losses the survivors experience due to their loved one’s passing and the economic losses traceable to the death. Some potential damages include the following:
- Medical bills
- Lost wages
- Loss of support
- Funeral expenses
- Mental anguish
- Loss of companionship
Indiana has a Child Wrongful Death Act, Indiana Code § 34-23-2-1, which includes additional potential damages if the victim is a minor, including estate administration costs, the child’s uninsured debts, and psychological care for surviving parents and minor siblings. A wrongful death lawyer in Lowell could answer any additional questions concerning damages and calculating compensation.
Speak to a Wrongful Death Attorney in Lowell Today
To fully understand your rights after the unjust passing of a loved one, it is crucial to consult a Lowell wrongful death lawyer. They could guide you through the claim process, discuss who needs to bring the claim, and evaluate the facts of your case.
Call The Law Offices of David W. Holub today to schedule an initial consultation with a member of our legal team.