Lafayette IN Wrongful Death Lawyer
As a Lafayette IN wrongful death lawyer, Susannah Hall-Justice has seen the pain and deep sense of loss families feel after the unexpected death of a loved one. The loss of your spouse’s or your child’s love and affection can be overwhelming, as can the loss of a parent, or a sibling. We help families deal with the premature loss of a loved one by navigating Indiana’s wrongful death law.
Indiana’s wrongful death law is complicated and varies according to the person’s relationships, age, and whether the person was enrolled in school, among other things. We make it clear to insurance companies or juries that Indiana law requires them to fix what can be fixed, help what can be helped, and make up for what cannot be fixed or helped.
Below, we explain some of Indiana’s wrongful death laws and how we can help you during this incredibly difficult time.
What Is a Wrongful Death Claim?
After the loss of a loved one, you might find yourself burdened with grief — as well as medical bills, funeral expenses, and a decreased family income. A wrongful death claim aims to make those responsible for the death accountable and compensate you for your losses. While nothing can truly remedy a wrongful death, we help our clients regain control and show the Defendant that this person mattered.
The deadline for filing a wrongful death claim can be as short as 180 days depending on who the Defendant is. Usually the deadline, also known as the Statute of Limitations, is longer than that. A claim or lawsuit states how the Defendant was negligent. A claim makes clear that one of the worst losses imaginable has occurred; a family has been deprived of the love and affection of their family member. Many wrongful death claims involve the following:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Defective and dangerous products (product liability)
- Drunk and drugged driving
- Medical malpractice
- Nursing home abuse or negligence
- Pedestrian accidents
- Work-related injuries
Each of these claims has its own legal and procedural requirements. A Lafayette IN wrongful death lawyer can help you apply our state’s laws to your unique circumstances — helping you understand your rights.
We Can Help You Collect Damages
Depending on the nature of your claim, you may be entitled to compensation for the following:
- Loss of the person’s love and affection
- Your loved one’s medical bills
- Funeral and burial expenses
- Lost income
- Your family’s therapy and grief counseling
- Pain and suffering
- Loss of consortium (a legal claim for the loss of your spousal relationship)
It’s difficult to think about money and your long-term financial plans immediately after an accident. When you work with a Lafayette IN wrongful death lawyer at the Hall-Justice Law Firm, we will guide you through this difficult process, giving you the emotional support and the space to grieve that you deserve. You focus on rebuilding your life while we focus on the legal details of your claims.
Who Can File an Indiana Wrongful Death Claim?
Who is permitted to file a wrongful death claim depends on the situation. Often it is the loved one’s spouse, the mother or father of the children the loved one left behind, or the mother or father of the prematurely taken child.
Before you file a wrongful death claim, the proper legal entity must be created to even start the claim. A wrongful death estate is not the same as a regular estate that is done when someone dies due to natural causes. Sometimes the law on the two overlap, but often the law does not and the differences are important. It is vital that you open the right kind of estate. If you open the wrong kind of estate, you will not be able to obtain the damages that you should from the negligent person. The right estate with the right personal representative will be able to hold the negligent person and their insurance company, to account.
Please contact us so that we can help you open the proper kind of estate with the proper personal representative.
You Need to Act Quickly
Indiana imposes a strict 180 day or two-year statute of limitations on most wrongful death claims. In other words, if you do not file your lawsuit within 180 days or two years of your loved one’s death, you’ll lose your right to compensation. This deadline applies even if a prosecutor files a criminal case against the negligent party.
Wrongful death claims require an extensive investigation and significant preparation before you file a lawsuit. Therefore, it’s in your best interest to act quickly. As time passes, valuable evidence might be destroyed (such as defective car parts and trucking company documents) and witnesses’ memories might fade. A Lafayette IN wrongful death lawyer can help you preserve this information and also protect your rights.
How Can a Lafayette IN Wrongful Death Lawyer Help?
You’re probably experiencing a whirlwind of emotions: grief, fear, anxiety, anger, and frustration. The thought of adding another stress — a wrongful death claim — to your already-overflowing plate might seem overwhelming. However, you don’t have to handle this alone.
A Lafayette IN wrongful death lawyer’s job is to guide you through your legal claims. This involves many steps, including the following:
- Investigating the circumstances surrounding your loved one’s death
- Preserving important evidence that supports your claims
- Identifying the negligent parties (defendants) that caused or contributed to your loved one’s death
- Noting the emotional loss to you
- Computing your family’s financial damages
- Filing legal complaints against these parties
- Negotiating with their insurance companies
- Presenting your claims to a judge or jury at trial
Throughout this process, your lawyer should also be a source of emotional support and practical advice.
Schedule an Appointment with a Lafayette IN Wrongful Death Lawyer
If you’re ready to schedule a no-risk, free consultation with a Lafayette IN wrongful death lawyer, contact the Hall-Justice Law Firm. Since 1997, we have represented our friends and neighbors in Lafayette during difficult times. In addition to Tippecanoe County, we have also represented families in Benton County, Carroll County, White County, Warren County, Fountain County, and Cass County. We pride ourselves on our aggressive legal strategies, compassionate advice, and commitment to our clients and our community.