A wrongful death claim may be made when someone passes away as a result of the reckless, negligent, willful, or illegal behavior of another person or organization, such as a company. Some surviving family members may be able to pursue a wrongful death claim for damages through wrongful death attorney indiana as the deceased individual plainly cannot sue the person who caused their death for what they lost.
Common law in the United States did not formerly permit wrongful death claims, but today they are legal in every state, including Indiana.
Any kind of mishap that leaves someone dead is a potential source for wrongful death lawsuits. The following are examples of what this could be:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Product liability accidents
- Medical malpractice, and more.
An individual, a body of a firm, government, or a business could be held accountable. The responsible party need not have intended to cause the accident, but their actions must have been such that they did.
Those bringing a wrongful death claim must be able to demonstrate the following elements in order to hold the alleged at-entity accountable or fault person:
- The defendant owed duty of care of the deceased;
- This duty of care got breached;
- The duty of care got breached resulting the victim’s death;
- The victim’s death caused the damages specified in the claim.
When there are numerous damages or the responsibility is obscure, this can be challenging to accomplish on your own. A wrongful death attorney can assist families in navigating the legal system.
Who May File a Claim for Wrongful Death?
According to law, only certain individuals may file a wrongful death claim:
- If the decedent’s spouse is still living, they are the first to submit a claim;
- if the decedent and their spouse had minor children, the spouse may also represent the interests of the young children in the lawsuit.
- When a deceased person has no surviving spouse or children, either their parent or an estate representative may file a claim on their behalf.
No matter how many children the deceased had, the spouse is still entitled to at least a third of the settlement if they file a wrongful death claim. And if an agent for the estate receives compensation in a wrongful death case, the state will keep onto that money for the benefit of the departed person’s heirs. The legal requirements for bringing a wrongful death claim differ from state to state.
Please consult with Stracci Law Group if you feel that if your loved one had a wrongful death.