When a person dies due to the carelessness of another individual, their loved ones are left picking up the pieces. Oftentimes, the only opportunity for justice in these situations is a wrongful death action. With the support of a dedicated Munster wrongful death lawyer, this type of civil lawsuit could hold the negligent party accountable and recoup the unexpected financial losses that can follow an untimely death.
If you lost a loved one due to negligence, now is the time to act. A seasoned personal injury attorney could explain your legal options and help pursue the compensation you deserve. Call today to get started.
What is Considered Wrongful?
The death of a family member will not always result in a viable case for compensation. This type of legal action is only appropriate in cases where the death was caused by a wrongful act or omission. Different circumstances might qualify.
Negligence
Usually, these cases involve an act of negligence that led to an accidental death. From fatal car accidents to medical mistakes, these errors might not be enough to result in criminal charges, but they can serve as grounds for a wrongful death action.
Intentional Acts
Intentional acts can also serve as the basis for a lawsuit. A criminal assault that leads to a person’s death might result in an arrest, but it could make for a viable wrongful death action as well.
Our knowledgeable legal professionals in Munster could help with building the strongest case possible after the wrongful loss of a loved one. Instead of navigating this difficult situation alone, let our team provide counsel every step of the way.
The Right to File
While every state has some form of a wrongful death statute that determines who can file these lawsuits, Indiana takes an approach that is more complex than other jurisdictions. The good news is that a Munster wrongful death attorney could explain the specific options available to you.
The right to file a wrongful death lawsuit depends on whether the person who passed away—also called the decedent—was an adult or a child.
Child Decedents
In the event that a child dies due to an act of negligence, both parents have the right to pursue a wrongful death case. The right to file falls to the parent with legal custody in cases where they are divorced. If the parents are no longer living or have had their parental rights taken away, the legal guardian has the power to bring the lawsuit.
It is important to note that the state has a broad view of what a child is. This approach applies when the decedent is unmarried and without dependents until they reach 20 years of age. The age limit increases until they reach 23 years old if they are unmarried without dependents and enrolled in college or other career or technical education program.
Adult Decedents
When it comes to the death of an adult, the personal representative of the estate may file a lawsuit if the decedent might have brought a lawsuit against the defendant for the wrongful act or omission had they lived. The amount of damages recoverable depends, in part, on whether the decedent was survived by a widow or widower or any dependent children or dependent next of kin.
Talk to a Wrongful Death Attorney in Munster Today
No one should have to face the loss of a close family member on their own. At The Law Offices of David W. Holub, we understand how difficult this time can be. We are proud to offer compassionate legal service that lets you focus on grieving instead of navigating the legal system. Call today to schedule a consultation with a Munster wrongful death lawyer.