Lafayette Wrongful Death Lawyers
Are You Experiencing the Pain of Losing a Loved One Due to Someone Else's Negligence?
There are legal provisions that address wrongful death cases, enabling surviving family members to file claims against the responsible individual or entity. If you have suffered the loss of a loved one due to another person's negligence, seeking financial compensation can be a means to seek justice for your family.
For over five decades, the dedicated attorneys at Hovde Dassow + Deets have been assisting families who have endured the loss of a loved one as a result of negligence or misconduct by others. Our team of wrongful death lawyers in Lafayette will work closely with you and your family during this challenging and emotional period. Let us shoulder the burden of your legal matters while you focus on the grieving process. We do not charge any fees or attorney costs for wrongful death cases that do not result in compensation for damages.
To schedule your complimentary initial consultation, call us today at (317) 576-3241.
What Constitutes Wrongful Death?
Wrongful death occurs when a person's death is caused by the wrongful or negligent actions of another party. To establish a wrongful death claim, certain elements must typically be present. While the specifics may vary depending on the jurisdiction, the following elements are generally considered in wrongful death cases:
Duty of Care: The responsible party must have owed a duty of care to the deceased person.
Breach of Duty: The responsible party must have breached their duty of care through negligent, reckless, or intentional actions. This means they failed to fulfill their obligation to act reasonably or caused harm through their actions.
Causation: The breach of duty must have directly caused or significantly contributed to the death of the individual. There needs to be a causal link between the actions of the responsible party and the fatal outcome.
Damages: The death of the person must have resulted in measurable damages suffered by the surviving family members. These damages may include financial losses, such as medical expenses, funeral costs, and loss of financial support, as well as emotional suffering and loss of companionship.
Standing: The claim must be brought by the appropriate party or parties, typically the immediate family members or the legal representative of the deceased person's estate. The specific rules regarding who can file a wrongful death claim vary by jurisdiction.
Understanding Your Options for a Wrongful Death Claim
In Indiana, a wrongful death claim must be initiated by the personal representative of the deceased person's estate. You have the opportunity to file a wrongful death claim in the following circumstances:
- When your loved one's death is a result of someone else's negligence.
- When your loved one has been a victim of murder.
Wrongful death cases commonly involve situations such as medical malpractice, motor vehicle accidents, and other personal injury incidents leading to fatal outcomes. The compensation awarded in a wrongful death case is typically granted to the spouse, children, or other dependents of the deceased.
While no amount of money can replace the loss of a cherished family member, the legal system has established statutes to provide financial restitution when no other means of compensation exists.
Compensation awards for a wrongful death case are typically allocated for the following purposes:
- Loss of love and affection experienced by the surviving family members.
- Loss of parental guidance for children who have lost a parent.
- Loss of monetary support and financial benefits that would have been provided by the deceased.
- Funeral and burial expenses incurred as a result of the death.
- Medical expenses associated with the treatment of the deceased before their passing.
It is your right to be informed about your options and alternatives regarding your wrongful death claim. We encourage you to consult with an experienced Lafayette wrongful death lawyer at Hovde Dassow + Deets to receive the guidance you need.
Statute of Limitations in IN for Wrongful Death
In Indiana, the statute of limitations for wrongful death cases is generally two years from the date of the individual's death. This means that a wrongful death claim must be filed within two years of the person's passing. It is important to adhere to this time limit as failing to file a claim within the statute of limitations may result in the loss of the right to pursue legal action and seek compensation.
However, it's important to note that there can be exceptions and variations to the statute of limitations based on specific circumstances. For instance:
Discovery Rule: If the cause of death was not immediately apparent or the negligence that led to the death was discovered at a later date, the statute of limitations may begin from the date the cause of death was discovered or should have been reasonably discovered.
Minors and Legal Disabilities: If the person eligible to file the wrongful death claim is a minor or has a legal disability, the statute of limitations may be extended or "tolled" until they reach the age of majority or the disability is resolved.
Government Entities: If the responsible party is a government entity, there may be additional notice requirements and shorter timeframes for filing the claim.
It's crucial to consult with an experienced wrongful death attorney in Lafayette to understand the specific rules and exceptions that may apply to your case. They can provide guidance on the statute of limitations and ensure that your claim is filed within the required timeframe.
Reach out to our Lafayette wrongful death lawyers to schedule a free consultation. You can contact us by calling (317) 576-3241 or filling out our online form.
Words can not express how exceptional Rick Hovde and Kelly Faulk are in the Field of Medical Malpractice- Bob D
You can tell we're just not a client but a family that they care about.- Steve H.
The best thing about working with Hovde Dassow + Deets was Nick's professionalism & knowledge.- Sarah S.
Our family very much appreciates the services we received from Nick Deets & his staff.- Teresa S.
Very professional, honest, upfront all throughout the case.- John H.