Accidents are unfortunate, and sometimes they’re beyond our control. However, in most of the cases, it partially depends on how we can avoid this unwanted disaster. The most heartbreaking situation in any family is losing your loved ones.
From drunk driving to overtaking and rash driving to breaking traffic rules, there are hundreds of reasons behind such accidents in Indianapolis. In the aftermath of such accidents, the direction of our lives changes.
The consequences can be both emotional and physical. This includes
- Fractures
- Tissue injury
- Brain injury
- Organ failure
Psychological disorders like PTSD (Post-Traumatic Stress Disorder) and complex mental health issues are prevalent as well.
Here’s a detailed overview of how we can recover fair compensation through a wrongful death claim.
The Indiana Wrongful Death Claim
According to Indiana law, the spouses and dependents of the deceased may file a wrongful death lawsuit. However, there is an exception that is implemented for unmarried adults. Only their personal representatives can take precautionary actions against someone they believe caused the death. The case needs to be filed within two years of the incident that resulted in the death. The judge will pass the verdict on the amount of compensation received.
It also helps to seek the assistance of an Indianapolis wrongful death attorney, as they have the expertise to secure the compensation the victims’ loved ones deserve.
The Losses the Survivors Can Claim
A wrongful death claim is a kind of strict legal action that is filed by a person when one of their family members dies as a result of another person’s negligent conduct.
Compensation may vary from a huge range of options. Let’s explore them.
Non-Economic Damages- These damages include pain and suffering that one carries for life. Because of the wrongdoings of a random person, an entire family suffers. These feelings can only partially rest after months when they receive emotional support given by the spouse or close family members.
In certain states like Florida and Illinois, the legal jurisdiction allows some family members to get compensation for their own mental suffering following the loss of a loved one.
Economic Damages- Under quantified losses, the first parameter is the medical bills, which include the amount of money the victim’s family spent up until their death. Losses like lost inheritance and burial fees are considered economic damages as well. Economic damages also include lost benefits and financial income of a family as a whole. The deceased would have contributed to the family had they survived, but since they passed away, it is the responsibility of the culprit to pay for what they did. Punitive damages can be awarded in a wrongful death claim if it can be proven that the defendant’s actions were considered reckless. This means that the at-fault party knew that their action could cause harm to others but proceeded to do it anyway. The at-fault party is forced to pay all the punitive damages to the victim, not as a means of compensation, but as punishment for their gross recklessness.
