"The worst accidents are those that end the lives of family members. As your lawyers, we are sensitive to your loss, and will work diligently to obtain accountability, justice, and maximum compensation for the loved one who is no longer with you."
- Todd Barsumian
Wrongful death is the legal term used when the death of an individual is caused by the wrongful act or omission of another. When such occurs, the personal representative of the estate of the deceased individual may maintain an action against the other person, business, or corporation that caused the death. Damages are determined by a court or jury and include damages for the reasonable medical, hospital, funeral expenses, burial expenses, lost earnings, and loss of love, care, and companionship.
Under the Indiana General Wrongful Death Statute, after payment of medical, hospital, and funeral and burial expenses to the estate, damages go to the surviving spouse, the dependent children, if any, or dependent next-of-kin, and may include damages for the loss of a spouse’s or parent’s loss of love, support and companionship.
In the case of an unmarried adult who does not have any dependents, damages inure to the benefit of a nondependent parent or nondependent child of the adult person, so long as a genuine, substantial, and ongoing relationship with the adult person can be shown. Unlike damages under the General Wrongful Death Act or the Child Wrongful Death Act, under the Adult Wrongful Death Act, damages for the loss of an adult person’s love and companionship under are capped at $300,000.00. There is also no recovery available for a person’s grief, punitive damages, or lost wages.
Parents who have suffered the wrongful death of a child may recover for the loss of their child’s services, love, and companionship, as well as damages to pay for medical care necessitated by the wrongful act or omission and funeral and burial expenses. Under the Indiana Child Wrongful Death Act, a child is defined as an unmarried individual without dependents who is less than twenty (20) years of age or less than twenty-three (23) years of age and enrolled in a postsecondary, or career and technical, educational institution. While damages are not capped under the Indiana Child Wrongful Death Act as they are under the Adult Wrongful Death Act, they may be awarded only with respect to the period of time from the death of the child until the date the child would have reached twenty (20) years of age or twenty-three (23) years, as the case may be, or the date of the child’s last surviving parent’s death, whichever occurs first.
Because wrongful death claims are generally limited by wrongful death statutes and are aggressively defended by insurance companies and defense lawyers, it is important to choose a personal injury attorney who is familiar with wrongful death litigation and has successfully helped families of wrongful death victims recover money in the past. The wrongful death attorneys at Barsumian Law LLC have represented clients in lawsuits involving the death of spouses, parents, and children. While no amount of money will replace the loss of a family member, or change the circumstances surrounding a loved one's death, by seeking compensation in court you will help hold people accountable, change behavior, policies and practices, increase the likelihood that someone else won't be injured or killed, and help restore your family emotionally and financially under the law.
Seek Help from Evansville and Indianapolis Wrongful Death Lawyers
When a case is sensitive and substantial, choose a wrongful death attorney with experience working for families that have suffered the wrongful death of a spouse, parent, or child. Call Barsumian Law LLC at (812) 490-0820 or at (317) 644-6975 for a no-cost, no-obligation conversation about your case, your needs, and your options.