If you have recently lost a loved in an accident, you may not yet have had time to process your loss, or what will happen next. Indeed, it is unlikely that you are thinking about the economic losses that your family has suffered, and will suffer in the future, or how you will be able to recover compensation for damages.
At the law offices of Holland & Holland, our wrongful death lawyers in Indiana are here to answer your many questions as they surface in the weeks and months after a loved one’s death. If your loved one was killed as a result of an accident caused by another party, our law firm can help you to explore your civil options, including filing a wrongful death claim for compensation.
When a death is “wrongful,” a decedent’s surviving family members may be able to pursue a wrongful death claim in order to recover compensation for economic and noneconomic losses. The state of Indiana’s civil code defines a wrongful death as a death that is caused by “the wrongful act or omission of another.” The statute continues to read that when death is caused in this manner, the personal representative of the deceased party may maintain a civil action for damages against the party who acted wrongfully.
The state of Indiana permits plaintiffs in a wrongful death suit to seek damages for economic and noneconomic losses. This includes damages for:
Indiana code does not allow for plaintiffs to seek damages for their own grief, nor punitive damages, which are damages that are designed to punish the defendant for particularly abhorrent behavior leading to the decedent’s death.
It is also important to note that damages in an Indiana wrongful death case are capped at $300,000.
While it can be very difficult to act quickly after losing a loved one and dealing with the grief of that loss, our law firm cannot stress enough the importance of acting quickly and taking action to call our law offices as soon as possible. Not only do we believe that the success of your case is directly tied to the amount of evidence that can be collected to prove the wrongful death (which is best collected as early as possible), but if you delay in taking action, you may be barred from filing a wrongful death claim altogether. This is because the statute of limitations for filing a wrongful death claim in Illinois is two years from the date of death.
Losing a loved one is a very traumatic and painful experience. At the law offices of Holland & Holland, our compassionate Indiana wrongful death lawyers know what you’re going through, and are here to provide you with sound legal representation throughout the process of recovering damages. To learn more about how to file a wrongful death claim, please contact us today for a free consultation.
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