After the death of a loved one, you are struggling to come to grips with the loss. Regardless of the circumstances of their death, oftentimes survivors are confused and do not know where to turn, especially when the death was caused by someone else’s actions. In these cases, it may be helpful to contact a Fort Wayne wrongful death attorney. While money will never replace a loved one, it can help you stay financially stable after you have lost a spouse or child.
It is important to remember that wrongful death claims can only be made if someone died as a result of someone’s actions that caused their death. The best way to determine whether or not a claim exists is to determine whether or not a personal injury suit could have been filed should the decedent have survived the accident. For example, a drunk driving accident could be one reason to file a wrongful death suit.
Indiana wrongful death laws are very complicated and in nearly all cases, the only way a wrongful death claim can be filed is through the personal representative of the decedent’s estate. Claims can include monies for hospital treatment prior to death, burial expenses, and even ongoing counseling for surviving family members. That’s one of the reasons we maintain a Will and Estate practice. We don’t farm out work–We know what to do.
When your Fort Wayne wrongful death attorney files a suit, they will also be seeking compensation for lost wages the decedent could have earned had they not died. The lost wages portion of a settlement is typically awarded to surviving spouses and children of the decedent while burial and medical expenses are administered through the estate of the decedent.
As a Fort Wayne wrongful death attorney, we will have to look at a number of factors to determine whether there is a legitimate case. Some of the aspects of a solid wrongful death claim include:
Criminal actions – if a home was burglarized and a family member was killed in the commission of the crime, this would be considered a legitimate wrongful death claim
Automobile or truck accidents – in cases where the other driver was negligent, such as drinking and driving, there may be a wrongful death suit.
It is always a good idea to contact an attorney as quickly as possible. Oftentimes, insurance companies will try to settle any claims quickly and ask you to sign a waiver to avoid future claims. Indiana also has a two-year statute of limitations and if you do not meet a Fort Wayne wrongful death attorney to file suit before that time, you could be forfeiting your rights to file suit.
Recovering from the loss of a loved one is never easy and we understand that money will never compensate for that loss. However, you will face unexpected economic hardships and our goal is to ensure that you are not damaged fiscally due to the death of a loved one. If you have lost someone you love and believe a third party was responsible for their death, contact Lebamoff Law as soon as possible.