Suffering the death of a loved one is hard, no matter the circumstances. But these losses can be especially trying if your loss could have been prevented. Perhaps a nurse gave the wrong medication, a company ignored safety protocols, or a reckless driver caused a crash. Either way, you’re left grieving and dealing with unexpected expenses and emotions. Can anything be done to help make this difficult time easier?
This Shouldn’t Have HappenedWrongful death occurs when a person has died as a result of negligence—someone’s failure to provide accurate or reasonable care. Most commonly, negligence is found in car crashes, pedestrian accidents, medical malpractice, and unsafe workplace environments. Family members are looking to receive compensation for their loss and relief in paying resulting bills.
Indiana Statutes for Wrongful DeathIndiana has three types of statutes, or laws, governing wrongful death suits.
- General Wrongful Death. This type of case involves the death of a person who has a spouse and/or dependents. It is usually initiated by a close family member or other personal representative of the estate.
- Adult Wrongful Death. This involves a deceased person with no spouse and/or children and is also initiated by a personal representative of the estate.
- Child Wrongful Death. After suffering the loss of a child, this type of lawsuit is initiated by the parent(s) or guardian(s).
What Types of Compensation are Available?While no amount of money will bring back your loved one, receiving a settlement for a wrongful death can help ease your stress and pay your bills. So, what’s covered? Depending upon the wrongful death statute in your situation, you may recover the costs for:
- medical treatment,
- funeral expenses,
- lost wages,
- legal fees,
- loss of love and companionship, and
- loss of support and advice for your children.