Wrongful death occurs when someone dies due to the negligence or intentional actions of another person or entity. At Wagner Reese, LLP, our wrongful death attorneys Champaign have been fighting for the victims’ families since 1997. We understand the immense pain and loss families endure after the wrongful death of a loved one, and we are determined to help them seek the justice and fair financial recovery they deserve.
Our Champaign wrongful death law firm has a formidable record of multi-million dollar settlements and verdicts for our clients, demonstrating our commitment to holding negligent parties accountable. Recognized by our peers in the legal community for our relentless advocacy, our Champaign personal injury lawyers are here to provide the compassionate and skilled representation you need during this difficult time.
Wrongful Death Laws in Indiana
In Indiana, wrongful death is governed by Indiana Code Title 34, Article 23. This law allows the surviving family members of a deceased person to seek compensation for the loss of their loved one due to another party’s negligence or wrongful act. Our lawyers for wrongful death cases in Champaign will utilize every provision of the law to help you get justice and fair compensation.
Eligibility to File a Claim
According to Indiana Code § 34-23-1-1, the following individuals can file a wrongful death claim:
- Surviving spouse
- Children
- Parents
- Siblings (if no other family members are available)
Damages Recoverable
Under Indiana Code § 34-23-1-2, damages that may be recovered in a wrongful death claim include:
- Medical expenses incurred before the death
- Funeral and burial expenses
- Loss of the deceased’s income and benefits
- Loss of companionship, guidance, and support
- Pain and suffering of the deceased before death
Statute of Limitations
Indiana law establishes a two-year statute of limitations for wrongful death claims. According to Indiana Code § 34-23-1-1(b), the claim must be filed within two years of the deceased person’s death. Failure to file within this timeframe may result in the loss of the right to pursue the claim.
Distribution of Damages
Under Indiana Code § 34-23-1-3, any damages awarded in a wrongful death claim are distributed among the eligible claimants according to their degree of dependency on the deceased. This may involve considerations of the financial support the deceased provided and the emotional support the claimants relied upon.
Survival Action
Indiana law also allows for a survival action, which permits the deceased’s estate to pursue claims for damages that the deceased could have claimed had they survived the incident. According to Indiana Code § 34-9-3-1, this includes claims for pain and suffering, medical expenses, and lost wages incurred before death.
Exemptions and Limitations
Indiana Code § 34-23-1-4 provides that certain defendants, such as the state or local government, may have specific exemptions or limitations on liability for wrongful death claims. Understanding these nuances is essential for potential plaintiffs.
Proving Negligence
To successfully establish a wrongful death claim, the plaintiff must demonstrate that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly caused the death. This requires detailed evidence and expert testimony to establish liability.
Why You Should Avoid Direct Negotiations with the Insurers in a Champaign Wrongful Death Claim?
Unequal Power Dynamic
Insurance companies have more resources, experience, and expertise than individuals when handling claims. This power imbalance can make it difficult for a bereaved family to negotiate effectively. Insurance adjusters are trained to minimize payouts, which may lead to unfair treatment of claimants who are not familiar with the claims process.
Risk of Settling for Inadequate Compensation
Insurance companies often push for quick settlements, which may seem appealing but could result in inadequate compensation for your loss. In the emotional aftermath of a wrongful death, it can be easy to accept an initial offer without fully grasping the long-term financial implications. Settling too soon can prevent you from receiving future medical expenses, lost wages, or other damages that arise later.
Emotional Stress and Time-Consuming Process
Dealing with the loss of a loved one is emotionally taxing. Engaging in negotiations with an insurance company can add to that stress, prolonging the healing process. It can be time-consuming and emotionally draining to engage with adjusters while managing your grief and loss continually.
Get Dedicated Wrongful Death Legal Representation Champaign
At Wagner Reese, our Champaign wrongful death attorneys bring 150+ years of combined experience and have successfully recovered over $300 million for our clients. We understand that opposing insurance companies have vast resources at their disposal to minimize settlement offers, but we are equipped to combat them and level the playing field.
When the stakes are the highest, our dedicated team is here to provide you with the vigorous representation you need to achieve justice and compensation. To schedule your free consultation, call us at (866) 991-4892 or contact us online.
