Sometimes, accidents extend beyond personal injury and result in wrongful death, which is often preventable. According to the National Safety Council (NSC), three types of injuries result in 86% of all avoidable deaths: poisoning, falls, and car accidents. In Indiana, wrongful deaths follow the same provisions as a personal injury case, with some exceptions. If someone you loved was taken because of a wrongful death in Merrillville, IN, Lerner and Rowe can help you pursue a case.
What Is a Wrongful Death?
According to Indiana Code § 34-23-1-2, a wrongful death is a death that results from a negligent act. The injured party is most often the deceased’s estate or a survivor, and they are entitled to file a lawsuit. If a personal injury eventually leads to death, the personal injury claim becomes a survival action, allowing the estate to collect damages had the person still been alive.
Who Can File a Wrongful Death Claim?
In Indiana, the personal representative of the deceased’s estate can file a claim. Usually, the will stipulates the personal representative. If there is no will, there is a “pecking order” according to state law: surviving spouse, adult children, parents, siblings, and other relatives. The deceased’s claim is usually divided among the deceased’s family members.
In a wrongful death suit, there are often multiple defendants. Sometimes, an estate may bring a wrongful death suit against a defendant and their insurer. The defendant’s employer could also be named in the lawsuit. In many wrongful death suits (as with personal injury claims), you will see multiple named defendants.
What Is the Difference Between a Wrongful Death Suit and a Surviving Act?
A surviving act differs from a wrongful death claim, but both can be filed for one individual. Let’s say that someone suffers from a traumatic brain injury after a car accident and eventually dies as a result of their injuries. The surviving act is an attempt to recoup lost wages, medical care, and other expenses at the time of the injury. The wrongful death suit is for damages resulting from the wrongful death. If a victim hasn’t filed a personal injury claim at the time of death, the surviving act is filed.
What Types of Damages Are Available in a Wrongful Death Claim or Survival Act?
In a wrongful death, the plaintiff’s estate is eligible for an array of economic damages. These include loss of income, medical expenses, death expenses, and loss of companionship. Another economic damage that arises from wrongful death lawsuits is the loss of household services. For example, let’s say a husband lost his wife. That husband would be eligible for additional compensation for childcare expenses.
Non-economic damages include loss of companionship, pain and suffering, and other damages lacking a fixed dollar amount.
Survivors must generally file within two years of the personal injury, and a wrongful death suit must be filed within two years of death.
What Happens in Workplace Deaths?
In a workplace death, unfortunately, the case has to go through Indiana’s workers’ compensation system. Members of the estate may be entitled to death benefits. The only way a family can sue an employer is if the death was the result of gross negligence or fraudulent concealment. This is one of the downfalls of workers’ compensation and the exclusive remedy rule.
When Is It Appropriate to File a Wrongful Death Lawsuit?
In Indiana, the standard for a wrongful death suit hinges on the duty of care, breach of care, and causation. Let’s say that someone was killed because of a motorcycle accident involving passing. If the defendant violated a passing law, they breached a duty of care and caused a death. However, if the victim wasn’t wearing a helmet, the defendant could argue the damages down because of comparative negligence or assumption of risk. Generally speaking, it’s appropriate to file a wrongful death suit in any accident.
Another element is punitive damages. A jury may choose to award a plaintiff punitive damages if gross negligence resulted in death. Let’s say that a factory purposefully stopped maintaining equipment to save money. If that equipment malfunctioned and resulted in death, the deceased’s estate could pursue a lawsuit and receive punitive damages.
Many estates choose to pursue a wrongful death suit if a party has been charged with a crime that resulted in a death. If a defendant was acquitted in the criminal system, a wrongful death suit can bring a sense of justice.
Why Work with a Wrongful Death Attorney like Lerner and Rowe?
In Merrillville, Indiana, a wrongful death lawyer may help a family receive compensation. A lawyer can help determine damages and how benefits might be paid out, pursue a difficult case while a family mourns, and ultimately help get justice for survivors. The Northwest Indiana injury attorneys at Lerner and Rowe work on a contingency basis and will listen to you about your case for no charge. You can also continue a personal injury case as a surviving act if the victim has passed.
Schedule your free wrongful death claim consultation by calling 844-977-1900, completing this secure online form, or messaging us in our LiveChat. Our Merrillville injury lawyers are available to provide top representation when you need it most.