Indiana Wrongful Death Lawyers

Helping Clients Recover Damages in Full

Losing a family member is one of the most challenging experiences that anyone has to go through.

Understandably, when their death is the result of someone else’s careless or reckless actions, your grief can turn to anger.

Depending on the circumstances of their death, your family may be entitled to file an Indiana wrongful death claim. At this difficult time, taking on a legal matter might seem like too much of a burden. That’s why you should hire a wrongful death law firm like Gerling Law Injury Attorneys Office. We’ll explain your options and help you get the desired results.

Though compensation cannot replace your loved one, it can help alleviate the unexpected financial strain caused by their wrongful death. We can help you recover financial compensation for damages such as medical bills, emotional distress, loss of companionship, and funeral and burial expenses (to a certain degree).

To determine whether you have a claim, contact or call the Indiana wrongful death attorneys at Gerling Law Injury Attorneys Office at 812-213-4551 for a free consultation.

Understanding Wrongful Death in Indiana

If you have lost a loved one, we extend our sincere condolences. We understand what a difficult time this is for you and your family, and we want to help. Gerling Law Injury Attorneys Office provides compassionate yet aggressive legal representation to families in Indiana who have experienced the tragic death of a loved one due to another’s negligence, recklessness, or intentional actions. Our top priority is to help you get justice for your family’s loss.

From a legal perspective, Indiana law considers a wrongful death to be caused by the “wrongful act or omission of another.” The compensation received in a wrongful death claim is meant to provide you with some monetary relief from the economic hardships and emotional anguish your family is currently experiencing.

Losing a loved one due to another’s negligence can be overwhelming. At Gerling Law Injury Attorneys Office, our wrongful death lawyers are ready to support you through this challenging period.

Filing an Indiana Wrongful Death Claim

Each state has specific laws addressing wrongful death claims and who has legal standing to file a claim.

In Indiana, a wrongful death claim can only be initiated by the personal representative of the deceased’s estate. This individual is either designated in the deceased’s will or other estate planning documents or appointed by the court. If the deceased was a child, either one or both parents are authorized to file the wrongful death lawsuit.

Although the personal representative is the one filing the wrongful death lawsuit, the family members will be the beneficiaries who will collect any compensation from a wrongful death award or settlement.

Typically, the people entitled to compensation in a wrongful death case include:

• The surviving spouse
• A child who is a dependent of the deceased
• A surviving dependent who is next of kin
• Surviving parents of a deceased child

Depending on the circumstances, the personal representative may collect an award if the deceased is an adult who died with no spouse or dependents. But damages are limited to expenses incurred as a result of the deceased person’s injury and death. For example, any financial compensation can cover funeral expenses, hospital and medical bills, and legal fees.

You have a limited time to bring a wrongful death claim in Indiana. The deadline is typically within two years of the person’s date of death. Failure to file a wrongful death lawsuit within the allotted statute of limitations means your case will likely be dismissed, which means you cannot pursue any compensation for your financial losses and emotional anguish.

Don’t delay in starting your wrongful death claim; you risk losing the financial compensation you deserve. Contact our Indiana wrongful death attorneys for help gathering evidence to back up your case.

What Qualifies as Wrongful Death?

A wrongful death claim can arise from various accidents and events. Generally, it occurs when a person’s death is caused by the actions of another. The responsible party might have acted recklessly, negligently, or even intentionally, but if their actions led to your loved one’s death, they can be held accountable.

At Gerling Law Injury Attorneys Office, some of the most common causes of wrongful death lawsuits we see come from:

• Large truck accidents
• Pedestrian accidents
• Boating or recreational vehicle accidents
• Train or bus accidents
• Medical malpractice
• Birth injuries
• Daycare accidents
• Defective products
• Slip and fall accidents
• Construction accidents
• Explosions and fires

Many other incidents give rise to a wrongful death claim as well, including deaths resulting from criminal acts. Perhaps the victim was killed by a home intruder or shot during a carjacking. If there is a criminal case pending against the defendant, this does not prevent you from pursuing financial compensation for damages through a civil lawsuit.

If you lost a loved one due to the negligence of someone else, contact our Indiana wrongful death attorneys today for a free consultation.

What Is the Process for Filing Wrongful Death Claims in Indiana?

Bringing legal action against the at-fault party may seem overwhelming when you are already grieving the loss of your loved one. But knowing the process can bring peace of mind and help you get through this critical aspect of healing. Our law firm provides comprehensive guidance for your wrongful death case when you choose to hire one of our experienced attorneys.

To understand the legal complexities of pursuing a wrongful death claim in Indianapolis, the initial action should be to consult with a wrongful death attorney. Your lawyer can help you decide if it’s worth seeking compensation and will help you get started.

Once you have hired an attorney, you work with them to gather evidence that backs up your claim. This may include surveillance footage, police reports, eyewitness accounts, medical records, and other documents. An Indianapolis wrongful death lawyer can help you gather evidence.

In some cases, the at-fault party or insurance company will negotiate a fair settlement and offer you suitable compensation. Having an Indianapolis wrongful death attorney on your side makes it much more likely that the other party will be reasonable.

If negotiations don’t lead to fair compensation, you may take further legal action in a wrongful death suit. Your attorney can represent you before a judge or jury as you seek compensation for your losses.

What Damages are Covered by Indiana Wrongful Death Claims?

When you bring a claim for wrongful death, you may be entitled to recover financial compensation for the economic losses and mental anguish you are experiencing as a surviving family member.

Depending on the circumstances, you might receive damages for:

• Funeral and burial expenses
• Medical and hospital expenses
• Loss of love and companionship

Parents who have experienced the loss of a child can seek compensation for psychological services for themselves and their minor siblings.

Wrongful death claims focus on the financial losses and emotional anguish of the family members left behind. If the victim survived for a period after the incident, the estate’s representative has the option to file a survival action alongside the wrongful death claim. In a survival action, the estate could recover compensation for the deceased’s medical expenses, lost wages, pain and suffering, etc.

Be advised that Indiana law caps wrongful death damages in certain situations. The amount will vary based on the age of the deceased, the surviving family left behind, and the cause of the wrongful death. For example, wrongful death claims against the government or those arising from medical malpractice claims could be capped.

Why Do I Need a Lawyer When Filing a Wrongful Death Claim?

Coping with the accidental death of a loved one is already an immense struggle. You shouldn’t have to carry the additional burden of a legal suit alone. An Indianapolis wrongful death lawyer can provide crucial support as you pursue wrongful death action.

Some advantages of hiring a lawyer in your wrongful death case include:

• Personalized advice based on decades of experience
• Powerful negotiating strategies when attempting to settle with the responsible party out of court
• Assistance gathering evidence, including police reports, surveillance footage, eyewitness statements, expert statements, and medical records
• Legal strategies to prove that someone else’s wrongful act caused the fatal accident
• Assurance that you’ll recover damages for all of your losses, including emotional distress, lost future earnings from the deceased person, medical bills, reasonable funeral expenses, and more
• Help holding the other person responsible for their wrongful action that caused your loved one’s death
• Emotional support as you go through this difficult experience
• Aggressive representation if your case goes before a judge or jury

You don’t have to face your wrongful death suit alone. Let our experienced Indianapolis wrongful death attorneys assist you as you recover compensation in full.

What Makes Your Law Firm Different?

When grappling with the loss of a loved one, it’s crucial to have a legal team that not only offers competent representation but also treats you with respect, providing candid answers to your questions and concerns. In short, you need Gerling Law Injury Attorneys Office to handle your wrongful death case.

With decades of combined legal practice in Indiana, our team has extensive experience. We understand that each wrongful death suit is unique, and we are committed to applying our knowledge, skill, and talent to achieve the results you need.

We are also unique in that our wrongful death attorneys genuinely care about each client. We will treat you with the compassion, care, and respect you deserve, no matter what obstacles arise. We also communicate efficiently throughout the entire case, so you are not left wondering what’s going on with your legal matter.

Finally, we act quickly to maximize the monetary damages you recover in your personal injury case. Our track record shows that we are the legal team you want on your side when facing wrongful death action or any other personal injury claim.

What Other Legal Claims Does Your Team Handle?

At Gerling Law Injury Attorneys Office, we have decades of combined experience handling many personal injury claims.

Some examples of personal injury cases we handle include:

• Motor vehicle accidents, including trucking accidents, motorcycle accidents, boat accidents, aviation accidents, bicycle accidents, distracted driving wrecks, and alcohol related incidents
• Premises liability accidents, including slip and fall injuries, and negligent security
• Product liability, such as defective medical devices, dangerous drugs, and other defective products
• Medical malpractice suits, such as birth injuries, traumatic brain injuries, surgical errors, pharmaceutical errors, and more
• Construction accidents, including electrocution, slip and fall accidents, burns, chemical injuries, and machine malfunctions
• Social Security Disability

Our Indianapolis lawyers are ready to represent you regardless of the accident that caused your injuries. We will give you honest answers regarding your claim in terms you can understand.

If you or a loved one is suffering from an accident that occurred because of someone else’s negligence or recklessness, call today to see if you might be eligible for monetary damages.

Get Help from the Experienced Indiana Wrongful Death Attorneys at Gerling Law

Have you lost a loved one due to someone else’s negligent actions? Don’t attempt to pursue a claim on your own. Let our Indiana wrongful death lawyers assist you.

We understand the emotional and financial devastation you are experiencing. At Gerling Law Injury Attorneys Office, our team recognizes the challenges and complexities of the Indiana legal system. We are here to guide you through every step of the claims process. Our wrongful death lawyers will take care of all the details so you can concentrate on your family.

To learn more about how we can help you file a wrongful death lawsuit, contact Gerling Law Injury Attorneys Office to schedule a free, no-obligation consultation. With our decades of personal injury experience, we can help you get the compensation your family needs to start to move forward.

Complete our free case review form online or call us at 812-213-4551.

Go with Experience. Go with Gerling.®

Knowledgeable, professional, and easy to talk with. Gerling Law Injury Attorneys provide a truly exemplary example of a metropolitan law firm who still cares for the welfare of the little guy who needs great representation!- Tresa H.