The main purpose of wrongful death litigation is to compensate surviving family members or the estate of a deceased individual for the practical implications of their passing. Plaintiffs must establish that the situation is eligible for a lawsuit, which involves addressing specific legal elements required to show that it warrants legal action. They must also have proof of damages, such as the lost income of the deceased person and the medical expenses generated by their end-of-life care.
It is critical to take action quickly, as the law imposes a strict statute of limitations for the initial filing. In Indiana, plaintiffs typically have two years from the date of death to file.
Once the lawsuit is underway, the entire process can potentially take multiple years to complete. Understanding the basics of Indiana’s wrongful death statutes can help those affected by a tragedy take appropriate steps to pursue economic justice and closure.
Most people never imagine that they might need to file a wrongful death lawsuit, so they may not know much about the law and how to assert their rights when a tragedy occurs. This guide can help grieving families understand their legal rights.
What is considered a wrongful death?
A wrongful death is essentially a passing that occurs directly because of the negligent conduct or illegal actions of either a business or an individual. Wrongful death litigation is typically only an option in cases where there is evidence supporting a claim that one party was negligent or reckless or that they engaged in wrongful acts that led to a preventable death.
A wrongful death lawsuit is separate from any criminal prosecution that may occur due to the misconduct or wrongful acts of the defendant. The state may demand accountability by bringing criminal charges against a drunk driver, for example. The prosecution of the party at fault for the tragic situation does not prevent survivors from filing a separate wrongful death lawsuit to impose civil penalties on the party responsible for the tragedy.
What are the elements of a wrongful death lawsuit?
To successfully hold a person or business accountable in a wrongful death action, plaintiffs must prove that all of the major elements of a wrongful death are present. Understanding these elements can help personal representatives of estates and grieving family members review the situation more effectively.
1. Duty of care
A duty of care is a legal obligation to act with reasonable care. A property owner owes a duty of care to visitors to keep the premises safe or warn them about safety hazards, for example. Drivers generally have a duty of care to others that mandates compliance with traffic laws and maintaining their vehicles in safe operating condition.
2. Breach of duty
A breach of duty involves a failure to act with reasonable care. The breach that occurs could be the result of negligence or recklessness, as is the case with many fatal car crashes. The breach could also be the result of intentional misconduct, such as choosing to drive while drunk.
3. Causation
The evidence surrounding the passing of the decedent must show that the breach of duty was directly responsible for their passing. Proof of causation helps show that the negligence, recklessness or misconduct of the defendant resulted in the tragedy.
4. Damages
The last necessary element for a wrongful death lawsuit is proof of damages. There typically must be financial or economic losses for plaintiffs to take legal action, but they may be able to request compensation for additional damages, including intangible losses.
Who can file a wrongful death lawsuit?
A tragedy could directly impact multiple people, including friends, family members and even employers or business partners. Regardless of how many people feel the practical impact of a person’s death, only one wrongful death lawsuit is permissible. Only specified parties can initiate wrongful death lawsuits. These vary by state.
Typical eligible parties
In some states, surviving spouses, adult children and parents as well as estate representatives can file wrongful death lawsuits. Under Indiana law, the main consideration when determining who can file is the age of the decedent. If they were an adult at the time of their passing, only the personal representative administering their estate can file a wrongful death lawsuit. If the decedent was still a minor at the time of their passing, then their parents have the right to initiate a wrongful death lawsuit.
What damages can be recovered in a wrongful death claim?
Most wrongful death lawsuits seek both economic damages and non-economic damages. Economic damages are verifiable financial losses. They include:
- Medical costs for end-of-life care
- Funeral and/or burial expenses
- Lost future wages and employment benefits
- Loss of household services
- Loss of future support and inheritance
Calculating future income can be a challenge, as a person’s income is likely to increase throughout their career, and the value of their benefits may increase proportionately as well. Determining the value of the loss of household services can also prove more challenging and may require the insight of professionals.
Non-economic damages include losses that do not have a clear financial value but which clearly impact the quality of life for survivors. Pain and suffering claims are arguably the best-known form of non-economic damages, but there are others that can add to the total damages sought.
The loss of companionship experienced by surviving family members is an important consideration, as is their loss of enjoyment of life due to grief. Surviving spouses and children can often seek compensation for the loss of guidance, companionship, love and even marital intimacy.
Surviving parents filing a wrongful death lawsuit after the loss of a minor child have strong statutory protection when seeking non-economic damages if the child was under 20 (or 23, if they were enrolled in college).
Under current Indiana statutes, punitive damages are not generally an option in wrongful death lawsuits. These are lawsuits intended as a punishment for the defendant if the circumstances of the death was caused by grossly negligent or other egregious actions.
Do you need a lawyer for a wrongful death claim?
Personal representatives and surviving parents can file wrongful death lawsuits on their own behalf. However, doing so can increase the stress involved in estate administration and the grieving process.
Additionally, the risk of making mistakes is impossible to overstate. Excessive delays with an initial filing or insufficient evidence could lead to the courts dismissing a wrongful death lawsuit that an attorney may have been able to successfully pursue. Those already dealing with grief do not have to learn about the legal process or manage complex paperwork on their own behalf if they get legal representation.
Experienced wrongful death lawyers can help them prove negligence and validate the damages sought in the lawsuit. They can also provide representation without immediate financial costs for families already dealing with a reduction in income and expenses related to an unexpected tragedy.
Lawyers accepting wrongful death lawsuits may take a case on a contingency fee basis. They agree to represent the plaintiffs based on the strength of the case and do not require immediate payment. They receive a portion of the funds recovered if the wrongful death lawsuit is successful. This arrangement makes legal representation accessible even to those dealing with extreme financial hardship after a sudden passing.
Final thoughts: Understanding your legal options
The loss of a loved one can have emotional and financial repercussions that continue for as long as immediate family members live. Surviving spouses, children and parents may forever experience the pain and grief that accompanies an unexpected loss. Their household finances may permanently shift, and a wrongful death lawsuit is typically the best option for diminishing the lasting economic impact of a tragedy.
Litigation can also provide closure and a sense of emotional relief for those grieving a death caused by negligence, recklessness or illegal behavior. Wrongful death litigation can be a lengthy and complex process. Families generally need to act quickly to coordinate with the personal representative of an estate to understand their options.
As noted, wrongful death laws are different in every state. Consulting with experienced Indiana wrongful death attorneys can help families hold businesses and individuals accountable without assuming responsibility for the complicated legal process to follow.