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Wrongful Death Lawsuits in Indiana: Who Can File?

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Wrongful Death Lawsuits in Indiana: Who Can File?
Wrongful Death Lawsuits in Indiana: Who Can File?

Posted on

July 25
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Wrongful Death Lawsuits in Indiana: Who Can File?

Experiencing the wrongful death of a loved one is undoubtedly one of the most painful events one can endure. The loss can leave families not only in emotional turmoil but also facing financial hardships. In such difficult times, you may wonder whether you can file a lawsuit to seek compensation for your immense loss. At the Law Office of Paul A. Rossi, LLC, we understand the complexities of wrongful death cases and are here to guide you through every step of the process.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil action brought to court when a person dies due to the negligence or intentional act of another party. The primary purpose of this type of lawsuit is to provide financial compensation to the deceased person’s survivors or estate for their losses. The damages awarded in such cases may cover medical expenses, funeral and burial costs, loss of income and the loss of companionship and guidance.

Legal Eligibility Requirements for Filing a Wrongful Death Lawsuit in Indiana

Indiana has specific laws detailing who can file a wrongful death lawsuit and the types of damages that may be recovered. Understanding these legal requirements is crucial to determine if you are eligible to file a claim.

Child Decedents

If the deceased is a child, the wrongful death claim must be filed by one or both of the child’s parents. In cases where the parents are divorced, the parent with legal custody has the right to file the claim. If both parents are deceased or their parental rights have been terminated, the child’s legal guardian may file the lawsuit. A “child” in this context includes an unmarried person without dependents who is younger than 20 years old, a person under 23 years old who is enrolled in college or a similar program or a fetus that has reached viability.

Adult Decedents

For adult decedents, Indiana law permits only the personal representative of the deceased person’s estate to file a wrongful death lawsuit. This representative, often referred to as the executor, is responsible for managing the deceased’s estate, including pursuing legal claims on its behalf. 

Unmarried Adults Without Dependents

If the deceased was an unmarried adult without dependents, the estate, parents and/or nondependent children may recover damages. However, Indiana law requires proof of a “genuine, substantial and ongoing relationship” with the deceased to claim these damages. 

Married Adults and Those with Dependents

When the deceased was married or had surviving dependents, the wrongful death lawsuit allows the spouse, dependent children or other dependent relatives to recover damages. The estate will handle medical, hospital, funeral and burial expenses, while additional damages for loss of income and companionship will be distributed among the surviving dependents.

Discuss Your Case With a Knowledgeable Attorney

Navigating the legal landscape of wrongful death claims in Indiana can be complex and emotionally taxing. At the Law Office of Paul A. Rossi, LLC, our experienced and compassionate attorneys are committed to resolving your situation. Contact us for a consultation to discuss your case and determine the best path forward for seeking the compensation you deserve.

Contact us today for a case evaluation.

WE MAXIMIZE YOUR RECOVERY,
WITH EACH & EVERY CASE WE HANDLE.

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