The practice of the Law Offices of David W. Holub, P.C. includes wrongful death litigation. A wrongful death is the death of a person caused by the negligence, willful act, or wrongful act of another. Our firm has served surviving family members in such circumstances and helped them deal with these events, which are always traumatic and fraught with special challenges.

In every case, we strive to be accessible and attentive to our clients, but the death of a loved one is a time of personal and legal challenges, and we help our clients work through them. As to the legal challenges, the damage recovery that surviving family members can receive will hinge on the age and health of the deceased, as well as their earning level. When your loved one has lost their life to someone else’s negligence, our personal injury attorneys can help. Contact a Merrillville wrongful death lawyer today for legal support.

Wrongful Death and Survivorship Action

People and businesses are legally obligated to use reasonable caution to prevent harming others. If someone’s omission or wrongful act has deadly consequences, state laws entitle the surviving family or estate to sue them in civil court.

Determining whether the case meets the guidelines is the first crucial step before filing. The most effective way to do this is to consider whether there would be a valid cause for a personal injury lawsuit if the victim were alive. When the answer is yes, the family may seek damages. State legislation governs the parties who are eligible to file the wrongful death lawsuit and limits the time for taking action and the potential damages available to surviving family members.

Eligibility for Petitioning the Court

The party eligible to file a civil suit depends on certain factors, including the deceased’s age, marital status, and dependents at the time of the fatal accident. When the deceased was a child under 18, both parents or legal guardians must file the case jointly to commence an action. If the child’s parents are divorced, the party with legal custody of the minor may file the lawsuit and name the other parent as a party.

When the victim of a wrongful death is an adult, state laws require an executor of the estate to handle the legal filings. If there was a will at the time of death, the victim may have named who they wished to hold as executor of the estate duties. However, when there is no valid will or the deceased does not name a person, the probate court will decide who has the authority to file the case.

Maximum Time to Pursue Compensation

The individual handling the legal work must meet the statute of limitations requirements for wrongful death cases. The maximum time to pursue compensation from the liable party is two years.

Missing the deadline could have devastating consequences, including losing the right to hold the at-fault party financially accountable. A Merrillville wrongful death attorney could take on the legal work, communication, and litigation for the family to ensure compliance with the statutes.

Wrongful death and survivorship actions

Types of Wrongful Death Accidents

Unfortunately, there is no shortage of incidents that could lead to a loss of life due to negligence. Accidents that commonly lead to wrongful death claims include:

Any time a person is negligent in their duty of care, and a person dies as a result, it could lead to a claim. Get in touch with a wrongful death lawyer in Merrillville today for more information on what your next steps should be.

Available Damages in a Wrongful Death Case

The award for damages depends on the case specifics, and there is no standard or typical settlement amount. Under the Indiana Code § 34-23-1-2, the court will consider whether the victim was an adult with a family, a single adult, or a child.

Compensation in wrongful death cases can include recovery of medical and funeral expenses, loss of future earnings, loss of such benefits as medical insurance and pension, as well as loss of inheritance, love, affection, and companionship. To receive the compensation they deserve, family members should hire an experienced lawyer with a team dedicated to compassionate and skilled representation.

While some types of damages, such as funeral and burial expenses, are standard in these cases, many will depend on the defendant’s actions and the victim’s age, marital status, and dependents. A skilled legal team could investigate and gather all the essential documents and evidence to collect the maximum potential settlement amount.

Call an Experienced Wrongful Death Attorney in Merrillville Today

Unexpectedly losing someone you love is difficult to process and very traumatic. The pain can feel excruciating when someone else’s thoughtlessness causes a terrible event such as this.

State laws provide procedures for families to sue the liable party, collect compensation, and hold them responsible. A payout will never change the pain and devastation the incident caused, but it can relieve some of the financial stress you and your family feel in the aftermath. Call The Law Offices of David W. Holub and meet with a qualified Merrillville wrongful death lawyer to learn more.

Contact Us

If you were injured and need to file a claim for compensatory damages, fill out this contact form and we will get back to you as soon as possible.