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When a member of your family dies because of the carelessness or negligence of another person, you have a right to seek compensation for your losses, including the support they would have provided, any funeral and burial expenses, and, in some states, for loss of companionship or consortium.>
The statute of limitations is the deadline by which you must file a legal claim in Indiana. In Indiana, you must file a wrongful death claim within two years of the individual's death. If you miss that deadline, you may not be able to pursue a wrongful death claim.
No judgment rendered on the motion shall be reversed on the ground that there is a genuine issue of material fact unless the material fact and the evidence relevant thereto shall have been specifically designated to the trial court.
You may recover damages for your losses through a wrongful death lawsuit. Compensation may include damages for medical bills and loss of love and companionship. While no amount of money can remedy the loss of a loved one, it is how the law deals with these cases. A wrongful death lawsuit is civil and not criminal.
In an action for the wrongful death of an unmarried adult without dependents, damages cannot include compensation for punitive damages, the grief of the survivors, or income losses. Damages for loss of love and companionship are capped at $300,000 under Indiana law.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.
76. Rule 76 - Change of venue (A) In civil actions where the venue may be changed from the county, such change of venue from the county may be had only upon the filing of a verified motion specifically stating the grounds therefor by the party requesting the change.