Losing a loved one due to wrongful death leaves families devastated, both emotionally and financially. Wagner Reese, LLP’s wrongful death attorneys are here to provide you with the compassionate support and legal representation you need to hold negligent parties liable for damages.
When the stakes are high, our attorneys fight relentlessly for justice and compensation. With millions of dollars in settlements and jury awards in wrongful death cases, our wrongful death law firm West Lafayette has a history of maximizing compensation for bereaved families.
Remedies Available Under Indiana Wrongful Death Laws
When someone dies due to another person’s negligence, Indiana law provides compensation options for the surviving family members. The amount of damages you can recover depends on the relationship between the deceased person and the survivors. Our West Lafayette personal injury lawyers – Wagner Reese are determined to pursue the largest possible damages for the eligible claimants.
General Wrongful Death Act (GWDA)
Indiana’s General Wrongful Death Act (GWDA) is outlined in Ind. Code 34-23-1-1. This law allows the personal representative of the deceased to file a wrongful death claim. The damages recoverable under the GWDA include medical, hospital, funeral, and burial expenses, as well as lost earnings resulting from the wrongful death.
In addition to these damages, surviving spouses, dependent children, and dependent next of kin may also receive compensation for the loss of love and affection of the deceased. The medical, funeral, and burial expenses benefit the estate, while other damages go directly to surviving dependents.
Adult Wrongful Death Act (AWDA)
The Indiana Adult Wrongful Death Act (AWDA)—found in Ind. Code 34-23-1-2—allows the estate of an unmarried adult who died due to negligence to recover damages. These damages can include medical, hospital, funeral, and burial expenses, as well as compensation for the loss of love and companionship experienced by non-dependent parents and children. Attorney fees and expenses may also be recovered.
Unlike the GWDA, damages for the loss of love and companionship under the AWDA are based on each survivor’s individual loss and are not distributed as personal property. However, damages for lost earnings are not recoverable, and the total amount of compensation for the loss of love and companionship is capped at $300,000.
Child Wrongful Death Act (CWDA)
The Indiana Child Wrongful Death Act—detailed in Ind. Code 34-23-2-1—applies when a child under 20 years old, or under 23 and enrolled in school, dies due to someone’s negligence. The parents must file the wrongful death claim, not the child’s estate.
Parents may recover damages for the loss of the child’s services, love and companionship, healthcare expenses, funeral and burial costs, and counseling services for themselves and the child’s minor siblings. Attorney fees are also recoverable. If the parents had joint custody, the damages would be awarded to both parents. If not, the compensation is split according to their individual losses.
Statute of Limitations for Wrongful Death Claims in West Lafayette, IN
In Indiana, the statute of limitations for wrongful death claims is generally two years from the date of the deceased person’s death as written in Indiana Code § 34-23-1-1. This means that the personal representative of the deceased’s estate must file a wrongful death lawsuit within two years of the death.
If the claim is not filed within this time frame, the right to seek damages may be lost. Certain exceptions or specific circumstances could affect this timeline
Get the Strongest Legal Help for Wrongful Death in West Lafayette Today
An unexpected wrongful death in your family can turn your world upside down. Dealing with the legal system is likely the last thing you want in the midst of your grief. Wagner Reese’s West Lafayette fatal accident lawyers are ready to take on every aspect of your claim—no matter how complex—so you can focus on healing.
Reach out to our West Lafayette wrongful death lawyers as soon as possible. We will act swiftly to gather critical evidence, determine liability, and negotiate aggressively with the insurance company, all while preparing for trial if necessary. When the stakes are highest, we are here to fight for the justice and compensation your family needs to move forward in life. To schedule your free consultation, call us at (866) 991-4892 or contact us online.
