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Why do people file Indiana wrongful death lawsuits?

On Behalf of | Apr 8, 2022 | Wrongful Death

The actions of other people can have devastating consequences for you and your family. Under Indiana state law, those hurt by other people or businesses have the right to file a lawsuit. The civil courts will hear claims related to car crashes, defective products and even criminal actions that left other people injured or dead.

When someone’s negligence or improper behavior causes someone else’s death, surviving family members may decide to file a wrongful death lawsuit. These specialized personal injury claims allow the surviving dependent family members to bring a civil claim against the business or individual whom they believe caused the death of their loved one.

Why do people choose to go to court after losing a loved one?

They want to hold someone accountable

The sad truth is that not every scenario where someone wrongfully loses their life will result in criminal charges. Even if the state does charge the person who caused a fatal car crash or engaged in criminal activity, the personal responsible might avoid conviction.

For families denied the justice of seeing someone convicted and penalized for the death of a family member, wrongful death lawsuits can be a powerful form of justice. If successful, these lawsuits will essentially declare the other party responsible for the fatality. The civil courts have a lower standard of evidence, so you can potentially succeed where the police or state prosecutors failed.

It is also worth noting that people can bring wrongful death lawsuits after someone does get convicted of an offense related to the death.

They have suffered financial losses

When someone dies unexpectedly, there can be lasting financial consequences for the rest of their family. The household will lose their income and unpaid contributions, like yard maintenance or child care support. Indiana state law allows surviving family members to request compensation for medical and funeral expenses, lost income and other verifiable financial consequences of a recent fatality.

Family members typically need to act promptly, as they only have two years from the date of death to pursue a claim under the statute of limitations. Filing a wrongful death lawsuit can give family members compensation and a sense of closure.