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That is why Indiana law says wrongful death claims can only be filed by the personal representative of the decedent's estate. This is the person in charge of administering the deceased person's estate, often a spouse, child, parent or sibling. The only exception to this rule is if the victim was a child.
$300,000 ? The Adult Wrongful Death Act caps damages for unmarried adults who die in an accident that is not medical malpractice. $1,250,000 ? If you are pursuing a wrongful death action against a medical professional, the Indiana Medical Malpractice Act will cap your possible compensation.
Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.
Wrongful death settlements consider the deceased person's loved ones and their needs due to the unexpected loss of companionship and support. While settlements may range anywhere from $500,000 to several million dollars, these amounts are just examples.
In Indiana, the statute of limitations for a personal injury case is two years. What this means is that a victim must file their personal injury lawsuit within two years of the date of the accident or injury, or they risk having their case dismissed without being heard.
Negligent death is another term for wrongful death. Proving the defendant is liable is necessary for a plaintiff to win a wrongful death lawsuit to collect damages. Four elements must be established by the plaintiff to establish negligence played a part in someone's death.
Wrongful death happens when somebody is killed because of another person or entity's negligence or misconduct. Although there may be a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is separate and distinct from any criminal charges.
There are many different situations that can turn into wrongful death claims, such as car accidents, motorcycle accidents, truck accidents, boating accidents, aviation accidents, drowning, product liability, premises liability, assault & battery, medical malpractice, workplace accidents, accidental poisoning and more.