In Indiana, a wrongful death is a wrongful act or inaction that causes the death of another person. This is considered an untimely death because a person would not have died if the accident didn’t occur.
When a person dies because of someone’s omission to act or a wrongful act, their surviving relatives can sue the wrongful party. The wrongful party is the one who caused the person’s death. The family can obtain various types of damages for the wrongful death of their loved one. Damages is the legal term for money. A wrongful death attorney Lafayette IN can explain which damages are available. The following are types of damages available in a wrongful death claim.
Damages involving Family Financial Support
If the loved one who died contributed to the household, a family member may be able obtain damages such as lost financial support. Lost financial support involves the loved one being the primary financial provider in the home. Once that money is lost the quality of the surviving relatives’ lives is dramatically diminished.
If the person was not the primary financial contributor, the family can still be awarded damages. For instance, the family can sue for loss of household services. This means the family’s lives were diminished because the loved one is no longer around to take care of the home and children.
Loss of Companionship Damages for the Family
In a wrongful death claim, a family can request damages pertaining to loss of care, love and affection. This where the loss of the person leaves a huge hole in a person’s life that they will have trouble filling. The loved one such as a spouse or parent played a large part in the family’s life and cannot be replaced.
Bills Incurred because of the Loved One’s Untimely Death can also be Requested
A family may incur bills associated with the loved one’s death. For instance, the accident may have resulted in the person spending days or weeks in the hospital prior to their death. The family can request the wrongful party pay the medical bills. The family can also request the wrongful party pay for the funeral and burial expenses they had to pay because of their loved one’s death. Another unplanned bill is paying a lawyer to bring the lawsuit. The family can sue to have lawyer’s fees paid.
Getting Legal Assistance for a Wrongful Death Claim in Indiana
The state does prohibit some damages that a family member would be allowed to obtain if the death occurred in another state. For instance, Indiana doesn’t allow a family member to receive damages based on the grief suffered because of losing a loved one.
Also, Indiana caps the amount of damages a family member can obtain at $300,000. Any damages received for things like hospital, medical, burial and funeral expenses must be paid directly to the person’s estate. Any damages awarded for the loved one’s lost wages are divided among family members.