This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Indiana Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
In 1974 the Indiana State General Assembly enacted legislation entitled the Indiana Tort Claims Act. The law currently in place, Indiana Code, Chapter 3, Section 4 addresses the $700,000 cap per claimant, a $5,000,000 limitation on the aggregate liability for all claimants, and prohibits punitive damage awards.
In Indiana, the damage caps for wrongful death lawsuits are as follows: $1.25 million cap for death caused by medical malpractice. $300,000 cap for loss of love and companionship damages for a deceased, unmarried adult with no dependents. $700,000 cap for death caused by a government entity.
Code 34-23-1-1. In addition to the specific damages provided under the statute, Indiana courts have held that the surviving spouse, dependent children, and dependent next of kin may recover for the loss of love and affection of the decedent.
Indiana allows the deceased person's estate, parents, and/or nondependent children to recover the following damages in a successful wrongful death case: funeral and burial expenses. medical and hospital expenses, and. loss of the deceased person's love and companionship (capped at $300,000).
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
There is no average wrongful death settlement because many factors will influence the value of a case. Meeting with a lawyer will help you understand these factors and evaluate your case.
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.?
Indiana allows the deceased person's estate, parents, and/or nondependent children to recover the following damages in a successful wrongful death case: funeral and burial expenses. medical and hospital expenses, and. loss of the deceased person's love and companionship (capped at $300,000).