The loss of a loved one is one of the most difficult times in a person’s life. When the death of a loved one is caused by the negligence or misconduct of another, the loss can be even more devastating. While money damages will never replace a loved one, recovery in a wrongful death lawsuit can help cover medical expenses and final burial expenses, as well as compensate survivors for their loss of love and affection.
Indiana law recognizes the legal right to recovery for wrongful death. The damages available in a wrongful death case are dependent on the status of the decedent and his or her survivors at the time of death. Reasonable medical, hospital, funeral and burial expenses are available in all cases. Loss of love and companionship and loss of earnings can be awarded in cases where a decedent was married or had dependents. In the case of wrongful death of a child, all of these damages are available, plus loss of the child’s services. In cases involving an unmarried adult person that has no dependents, Indiana law places a cap on the recovery in the amount of $300,000.00. Determining which of the three related wrongful death statutes that applies to your loved one’s case is an important task for your personal injury attorney.
At Webster & Garino, we are here for you in the difficult times following the death of a loved one. We have the knowledge and skill to handle complicated wrongful death cases in tandem with the associated probate and estate issues that are intertwined throughout a wrongful death case.