Huntington
Wrongful Death
ATTORNEY

DELVENTHAL LAW

WRONGFUL DEATHS ARE NEVER EASY TO DEAL WITH

The loss of a parent, child, or spouse is tragic, especially when they died in an accident. We extend our support and compassion for those working through their emotions during this difficult time.

Many people are unsure of what to do, especially when they relied on their loved one financially. Fortunately, we can help. In Indiana, many family members can receive compensation in a wrongful death lawsuit. This is a suit for monetary compensation to help survivors shoulder the financial fallout of their loved one’s untimely death.

To learn more, contact Delventhal Law Office today. No amount of money can ever compensate for the loss of a loved one. But we can help you take the first steps to regaining control of your life.

WHAT IS A WRONGFUL DEATH?

Not every death qualifies as “wrongful” under Indiana law. Instead, a wrongful death is caused by the omission or wrongful act of another person or entity. Most often, a death qualifies because the defendant did not use an appropriate amount of care when they injured and ultimately killed your loved one. For example, they could have acted carelessly, recklessly, or intentionally. In some cases, a failure to act when you had a duty to will also qualify.

We have brought wrongful death lawsuits for car accidents, slip and falls, premises liability claims, and other accidents. Whether you have a claim depends on the facts.

WHO FILES THIS LAWSUIT & WHERE

The personal representative of your loved one estate’s files the suit. This person will be identified in your loved one’s will or, if there was no will, then a judge will appoint someone to serve. Usually, the surviving spouse or an adult child serves.

The representative must file the lawsuit in an appropriate court. This could be in the county where the accident occurred or in the county where the defendant lives. There might be other options, so meet with an attorney quickly. Remember, even though the representative files the suit, family members receive compensation.

HOW MUCH TIME DO YOU HAVE TO FILE?

The law gives the personal representative two years from the date of death to file the lawsuit. Any delay can undermine your claim, so call Delventhal Law. If you miss the two year deadline, a judge can and will toss a case out of court.

CAN THE DEFENDANT FO TO JAIL?

No. This is a civil lawsuit for money damages only. If the defendant is found liable, the most a judge can do is order the defendant to pay money to surviving family members, even if the defendant intentionally hurt your loved one. There might be a criminal case going on at the same time that could result in a jail sentence.

WHAT COMPENSATION CAN WE RECEIVE?

Our clients have received damages for:

• Any medical treatment your loved one received before passing as a result of the accident
• Funeral/burial costs
• Income your loved one would have earned had they lived
• Attorney’s fees
• Loss of love and companionship, if a minor child died

The law allows our clients to receive a “reasonable” amount, but in some cases the amount of damages could be capped.

CALL OUR HUNTINGTON WRONGFUL DEATH LAWYER TODAY

During this difficult time, you need solid legal guidance. Let the Delventhal Law Office provide the representation you need to bring a successful wrongful death claim. Contact us by calling (260) 484-6655 to schedule a free consultation in a private setting.