Columbia City
Wrongful Death
ATTORNEY

DELVENTHAL LAW

WRONGFUL DEATH IS A TERRIBLE THING FOR EVERYONE. LET US HELP.

The untimely death of a loved one is difficult to overcome. Fortunately, Indiana gives many family members the right to obtain compensation from the person responsible for the death. To determine whether you can bring a wrongful death lawsuit, you should reach out to an attorney as soon as possible.

The team at Delventhal Law Office can help. We realize no amount of money can ever make up for the death of a family member. But a wrongful death lawsuit can defray the costs of medical care and the loss of income. Let our Columbia City wrongful death lawyer review your rights.

FILING THE LAWSUIT

Indiana defines a wrongful death as one caused by another person’s omission or wrongful act. This definition includes acts that are negligent, reckless, and even intentional.

At our firm, we have brought wrongful death lawsuits in the context of car accidents, truck accidents, premises liability claims, and slip and falls. We can also bring a suit if a loved one is intentionally murdered.

Our state requires that the estate’s personal representative file the lawsuit in the correct court—unless the child is a minor, in which case the parents file. If the suit is successful, however, family members such as the surviving spouse, children, or other dependents receive any compensation awarded. Nevertheless, the personal representative handles the lawsuit. Your loved one’s will should name the representative, or the judge will appoint someone to serve in this role.

Contact a Columbia City wrongful death lawyer as soon as possible. The state gives the personal representative only two years to file the lawsuit, and the clock begins from the moment of death.

COMPENSATION FOR WRONGFUL DEATH CLAIMS

Because this is a civil suit, the court can only force the defendant to pay money damages to the family members. Even if found liable for the death, a defendant cannot go to jail.

Our clients might receive reasonable compensation for the following:

• Medical care to treat your loved one before death
• Expenses related to funeral and burial
• Wages and benefits your loved one would have earned
• Attorney’s fees to bring the lawsuit

Generally, surviving family members cannot receive monetary compensation for grief or emotional distress, which is definitely unfair. However, parents who have lost a minor child can seek damages for the loss of the child’s love and companionship, in addition to the services the child would have provided.

In some cases, state law caps damages at $300,000. This rule kicks in when there is no surviving spouse or children/dependents. Otherwise, surviving family members can receive any amount that is “reasonable.”

CONTACT OUR COLUMBIA CITY WRONGFUL DEATH ATTORNEY TODAY

The loss of a loved one is a tragedy. Nevertheless, grieving family members must begin planning for their futures, including replacing the income their loved one would have provided. Filing a wrongful death lawsuit is a sensible way to regain control of a very difficult situation and help provide for your family.

Contact Delventhal Law Office today to schedule a free consultation. You can reach us today by calling (260) 484-6655.