How to File a Wrongful Death Lawsuit in Indiana
Wrongful Death Laws Indiana
The thought of filing a wrongful death lawsuit in Indiana can be daunting. Many families feel they are “not the type to sue,” or they worry that they cannot afford the expense of a lawsuit. The truth is that if someone else’s carelessness or misconduct led to the death of your loved one, you shouldn’t be left to deal with the financial burdens on top of your emotional loss.
If you have lost a family member due to negligence on the part of an individual or a company, you need to speak with an experienced Indiana wrongful death attorney today. At Baker & Gilchrist, we know that money cannot heal the pain that you and your family are suffering. However, pursuing the compensation you are entitled to under Indiana law can help ease the financial stress and bring some amount of justice for your loved one.
Schedule a free consultation today to talk to our compassionate attorneys about your case. You do not need to worry about paying any legal fees to get started on your claim. Our firm is sympathetic to the financial strain you are under, so we only collect attorney fees if we secure compensation for you.
How Do Wrongful Death Lawsuits Work in Indiana?
In Indiana, the process for filing a wrongful death lawsuit varies depending on whether the death was the result of medical malpractice or another type of accident such as a car crash or slip and fall.
For a wrongful death lawsuit related to medical malpractice, the process is:
- A spouse, parent, guardian, or personal representative of the estate should contact an experienced medical malpractice lawyer to discuss the details of the case.
- Your attorney will help you gather your loved one’s medical records.
- The attorney will have the medical records reviewed by independent experts to determine whether negligence led to your loved one’s death.
- The attorney will make a decision as to whether he or she feels your claim would hold up in court.
- If moving forward with your claim, the attorney will file a copy of the proposed complaint with the Indiana Department of Insurance.
- A Medical Review Panel (made up of one lawyer and three healthcare providers) will then review the evidence in your case and issue an opinion.
- You and your attorney will reassess your case based on the Medical Review Panel’s opinion.
- If you decide to file a lawsuit, your attorney will take the necessary steps to move forward in court. At the same time, your attorney will continue to negotiate with the health care provider and the insurance companies in pursuit of a full and fair settlement offer.
- If you cannot reach a satisfactory wrongful death settlement, the jury will decide the outcome of your case.
- It is important to note that no matter how much the jury awards you and your family, the Indiana Medical Malpractice Act caps the amount of damages you can recover at $1.25 million.
For wrongful death lawsuits involving accidents such as car crashes, the process is:
- A spouse, parent, child, guardian, or personal representative of the estate should consult with a knowledgeable wrongful death attorney to go over the details of the case.
- The attorney will begin an investigation into the accident that led to the death. This may include consulting with accident reconstruction professionals to determine exactly what happened.
- The attorney will identify every potential party that should be held responsible.
- The attorney will also take a thorough accounting of the damages suffered.
- The attorney will then try to negotiate with the at-fault party to demand a full and fair settlement. However, if negotiations are not successful, the attorney will file a complaint with the court, which officially starts the lawsuit.
- Your attorney and attorneys for the other sides will exchange evidence and information during the discovery process. This will give each side a chance to see how strong the other’s case really is.
- There likely will be ongoing discussions about a wrongful death settlement even during the trial phase of your case. And you may end up reaching a settlement at any time while the case is being argued.
- Your attorney will present all the evidence to a judge and jury and make a strong case for maximum compensation for your loss.
- The jury will then render a verdict. It is important to note that in certain circumstances, under the Adult Wrongful Death Act, damages can be capped at $300,000.
Deciding how to move forward after losing a loved one can be difficult. Our compassionate Indiana wrongful death attorneys are here to help you and your family figure out your next steps. Schedule a free consultation today to learn about your rights.
What Are Common Types of Wrongful Death Lawsuits?
There are many types of accidents that can have fatal consequences. Some of the common types of lawsuits our experienced Indiana wrongful death lawyers handle include:
- Medical Malpractice
- Nursing Home Negligence
- Birth Injuries
- Traumatic Brain Injuries
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Construction Accidents
- Bicycle and Pedestrian Accidents
- Slips and Falls
If you have lost a loved one in an accident that could and should have been prevented, you need to speak with our knowledgeable wrongful death attorneys immediately. Schedule a free consultation today to discuss your legal options for pursuing the compensation your family needs to move forward.
Talk to Our Compassionate Wrongful Death Lawyers Today
We understand that you are probably going through one of the most difficult times in your life right now. The last thing you need to do is worry about how you will afford to pay for funeral expenses and medical bills. Let the caring and respectful legal team at Baker & Gilchrist help.
Personal injury attorneys Rex Baker and Caroline Gilchrist have more than 60 years of combined legal experience, and we know how hard these types of cases can be on families. Let us take that burden off you. Call or fill out our online form to schedule a free consultation now.