Under state law (Indiana Code § 34-23-1), a wrongful death occurs when a death is caused by another person or entity’s negligent, reckless, or intentional actions. Essentially, a wrongful death lawsuit can be filed in Indiana when the deceased person would have been eligible to pursue a personal injury lawsuit had they survived the incident. To successfully prove wrongful death in Indiana, several key elements must be established.

First, you must show that the defendant owed a legal responsibility, or “duty of care,” toward the deceased. Second, it must be proven that the defendant breached this duty. This negligent act is a critical component of any wrongful death case.

Finally, you must demonstrate that this failure directly led to the individual’s death. Indiana’s wrongful death statute specifically provides immediate family members the legal right to seek justice and financial support following the preventable loss of a loved one. Filing a wrongful death lawsuit is a way to hold those responsible accountable.

Wrongful death can result from a wide variety of circumstances where a negligent act leads to fatal injuries. Some of the most common causes of wrongful death cases include:

A car accident where collisions are caused by drunk driving, distracted driving, or violations of traffic laws. When a driver fails to obey traffic laws, they can be held responsible for the resulting harm and the victim’s death.

When a healthcare provider’s negligence results in a patient’s death, it may be considered wrongful death. This can include surgical errors, misdiagnosis, or medication mistakes that cause the person’s death.

Workplace accidents can also lead to a wrongful death lawsuit. A wrongful death lawsuit may be possible if a third party’s negligence, and not the employer’s, caused the death.

Defective products are another area. Manufacturers can be held liable if a faulty product leads to a death occurred as a result of its use. Premises liability involves situations where property owners have a duty to maintain a safe environment for visitors.

To prove wrongful death in these kinds of cases, it must be established that the healthcare provider’s negligence directly caused the death. An experienced wrongful death lawyer will gather evidence, including medical records, to build a strong case.

Examples that can lead to a wrongful death lawsuit include:

• Birth injuries: Negligence during labor and delivery can result in the death of the mother or child.
• Surgical errors: These are mistakes doctors or staff make during a surgical procedure, such as operating in the wrong area or leaving a surgical tool inside the patient.
• Misdiagnosis or delayed diagnosis: A doctor’s failure to correctly diagnose a serious medical condition in a timely manner can have fatal consequences.
• Medication errors: Prescribing the wrong medication or the incorrect dosage can be fatal.
• Anesthesia errors: Mistakes made in administering anesthesia can lead to brain damage or death.

The Indiana Child Wrongful Death Act, outlined under Indiana Code § 34-23-2-1, is a specific law that applies when a child dies due to someone else’s wrongful actions or negligence. According to this statute, a “child” is defined as an unmarried person who has no dependents and is either under 20 years old, or under 23 years old if they are currently enrolled in a college, university, or another postsecondary educational institution. This act acknowledges the unique tragedy of losing minor children.

Under this act, the child’s parents or legal guardians have the right to file a wrongful death lawsuit. This allows them to seek compensation for the losses resulting from their child’s death. These damages typically include medical and hospital bills related to the child’s final illness or injury, as well as funeral expenses and burial costs. This ensures families can seek justice.

In Indiana, the right to file a wrongful death suit is limited to the personal representative of the deceased person’s estate. This individual is typically named in the deceased’s will. If there is no will, the court will appoint a personal representative to manage the deceased’s estate.

While the personal representative is the one who must officially file a wrongful death lawsuit, the lawsuit is pursued on behalf of the surviving family members who have suffered damages. These beneficiaries typically include survivors who relied on the deceased for financial support.

No, in Indiana, state laws dictate that only one wrongful death lawsuit can be filed for each death. This is a critical point of the legal process. While multiple family members may be entitled to receive compensation from any potential wrongful death settlements, the claim itself must be filed by the single personal representative of the deceased’s estate.

The personal representative acts on behalf of all the beneficiaries and is legally responsible for distributing the settlement funds according to the law. This system ensures all eligible family members have their interests represented in the wrongful death case.

A survival action is different from a wrongful death claim because it seeks to recover damages for the losses suffered by the deceased person before their death. In contrast, a wrongful death claim is designed to compensate the surviving family for their own losses resulting from the death. A survival action is filed by the deceased’s estate and can include compensation for the deceased’s conscious pain and suffering damages, medical expenses incurred before death, and any lost income.

A wrongful death lawsuit provides financial benefits to family members for their loss of financial support, companionship, and emotional suffering. In some circumstances, it may be possible to file both a survival action and a wrongful death claim. A knowledgeable wrongful death lawyer can help determine if both actions apply to a case.

Insurance companies commonly pay the damages in wrongful death lawsuits. To prove wrongful death, your wrongful death lawyer must demonstrate that the defendant’s negligence or wrongful act caused the death. This involves establishing four key elements to the insurance company and the court:

Duty of Care

You must show that the defendant owed a duty of care to the deceased. For example, all commercial truck drivers have a duty to obey traffic ordinances and drive safely.

Breach of Duty

You must prove that the defendant breached their duty of care. This means the defendant’s negligence was a direct factor. For instance, a driver who runs a red light has clearly breached their duty.

Causation

You must establish that the defendant breached their duty, and this breach directly caused the death. For insurance companies to pay damages, expert testimony and a thorough investigation of accident reports must be provided.

Damages

You must show that surviving family members have experienced losses due to their loved one’s death. These losses are called “damages,” and can include financial harm and non-financial harm. An experienced wrongful death attorney will gather evidence to build a strong case and prove the defendant’s fault and ensure the insurance company pays appropriate damages.

In Indiana, paying wrongful death settlements to the immediate family members and dependent next of kin is most common. Most wrongful death attorneys work on making unusual circumstances benefit their clients.

The specific distribution of damages is determined by the court and is based on the individual losses of each beneficiary. A skilled wrongful death attorney can help ensure that all eligible families receive the wrongful death compensation they deserve and that any wrongful death settlements paid are distributed fairly.

When there are multiple beneficiaries in a wrongful death case, any wrongful death settlements are divided among them based on their respective losses. The court will consider factors such as the financial dependency of each beneficiary on the deceased person, their relationship with the deceased, and the emotional suffering they have experienced.

In many cases, the beneficiaries will agree on a distribution of the funds to achieve a fair settlement. If they cannot agree, the court will make a determination. It’s important to have a wrongful death lawyer who can help navigate these complexities, especially when there are a plethora of unexpected expenses from legal fees to funeral costs.

Surviving family members can seek damages for a range of losses. This can include economic damages like medical expenses for the final injury, funeral costs, and lost income and benefits the deceased would have earned. It also includes non-economic damages for loss of love, companionship, and guidance. In some cases, if the defendant’s conduct was particularly reckless or malicious, punitive damages may be awarded to punish the wrongdoer.

Wrongful death settlements can be distributed in a couple of ways. The most common is a lump sum payment, where the entire settlement amount is paid at once. This provides immediate access to the funds.Alternatively, structured settlements can be arranged. By structuring payouts from the original lump sum, the settlement payments are made over a period of time.

Claimants can receive immediate financial relief for the financial burden of sudden unplanned expenses such as funeral and burial costs; or it can be written to provide a steady stream of income. The choice between a lump sum and structured settlements requires careful financial planning with a financial advisor and your wrongful death attorney.

No, a liable party does not have to face criminal charges to pursue a wrongful death case. Wrongful death cases are civil matters, which are entirely separate from criminal proceedings.

In a criminal case, the prosecutor must prove the defendant’s guilt “beyond a reasonable doubt.” In a civil wrongful death lawsuit, the plaintiff only needs to prove the defendant’s liability by a “preponderance of the evidence,” which simply means it is more likely than not that the responsible party is at fault.