Our Indiana, Michigan, and Illinois wrongful death attorneys have years of experience handling wrongful death claims, car and truck accidents, motorcycle accidents, product defects, boating and maritime accidents, electrocutions, work site accidents, construction accidents, explosions, medical malpractice and much much more. If your family has experienced the tragedy of a wrongful death, please call our law firm. Our wrongful death lawyers have a passion for justice.
In Indiana a “Personal Representative” has to file the claim. A “Personal Representative” is anyone duly appointed by the court, but it is generally the spouse, child, guardian, or parent of the deceased individual. If the deceased was a child, the claim may be filed by one or both of the child’s parents. If the child’s parents are divorced, the parent who enjoyed legal custody may file the wrongful death claim.
Certain family members and dependents may recover damages from a wrongful death suit as prescribed by Indiana Statute I.C. 34-23-et. seq.
It depends. Certain family members and dependents can recover for the loss of love and companionship that a loved one would have provided to them into the future. Dependents, including a spouse, of a decedent can recover lost earnings and for lost services (this could range from landscaping work to day care). In all wrongful death actions, damages for reasonable medical, hospital, funeral and burial expenses, and, in certain instances, the costs of bringing the wrongful death action including attorney fees, are recoverable.
In Indiana, the short answer is no.
Yes, the personal representative can be paid a reasonable hourly rate for his or her time spent on the case.
Yes, if an adult dies without a surviving spouse or dependents, the recovery is limited to $300,000.00 for the loss of the adult person’s love and companionship. There is no limit on the recovery for reasonable medical, hospital, funeral, and burial expenses, and these amount are compensable in excess of the $300,000.00 cap.
In general there is a two year statute of limitations, meaning a lawsuit must be on file within two years from the date of death. Certain exceptions to this general rule exist, which could shorten or lengthen the time period in which you must file suit. You should consult our personal injury and wrongful death attorneys today to ensure that you do not lose the ability to bring your claim.
Wrongful death and personal injury cases are difficult and complex. Insurance companies want to limit their exposure or liability when a serious injury or death occurs. Insurance companies hire attorneys whose job it is to aggressively undermine each aspect of the plaintiff’s claim.
Through experience handling thousands of personal injury cases over the years, Anderson Agostino & Keller, P.C. has become familiar with these tactics in order to protect the rights, health, and safety of our clients. Our firm represents individuals and families involved in personal injury and wrongful death cases that were caused by the negligence, carelessness, and/or recklessness of others. We handle all types of catastrophic personal injury and tragic wrongful death cases.
Our team has successfully represented individuals and families with injuries and deaths caused by:
- Motor Vehicle Accidents
- Dog Bites / Animal Attacks
- Medical Malpractice
- Motorcycle Accidents
- Premises Liability / Slip and Falls
- Personal Injury / Wrongful Death Litigation
- Construction Site Injuries
- DUI-DWI / Alcohol-Related Crashes
- Products Liability / Dangerous and Defective Products
- Trucking Litigation / Semi-Truck Crashes
- Workplace Injuries
Wrongful death lawsuits and claims are typically brought by the spouse or children. In some instances, these claims are filed in order to obtain monetary damages to cover the earnings the deceased person would have provided. Other damages that may be recovered include:
- Expense associated with the death, e.g., medical and funeral
- Loss of support
- Lost benefits, such as insurance, from the death
- Loss of inheritance from an untimely death
- Loss of love, companionship, comfort, care, assistance, protection, affection or care suffered by the survivor of the decedent
If you have lost a loved one, you may be eligible to receive compensation under the law.
If you have questions or concerns about a personal injury or wrongful death claim, please contact us today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.