This form is a sample personal injury complaint filed by guests at motel which failed to provide adequate security, thereby permitting unauthorized persons access premises, resulting in the death of one of the plaintiffs and injury to others.
Indiana Amended Complaint for Personal Injury and Wrongful Death
State:
Multi-State
Control #:
US-PI-0300
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Amended Complaint For Personal Injury And Wrongful Death?
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FAQ
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).
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. Richmond Gas Corp. v. Reeves, 302 N.E.2d 795 (Ind.
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.
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.
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.
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.
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.