Everything You Should Know About Wrongful Death Lawsuits in Indiana

Did you lose a loved one in an untimely accident in Indiana? Did someone’s careless, reckless, or intentional actions cost them their life? Unfortunately, preventable accidents are a leading cause of fatalities in Indiana, and surviving family members are often left to pick up the pieces without answers or justice.

If someone in your family died due to someone else’s careless actions or failure to act, know that you’re not alone. A skilled wrongful death lawyer can help you seek compensation and a measure of closure.

The Fort Wayne wrongful death lawyers at Truitt Law Offices have more than 40 years of experience helping grieving families fight for fair compensation.

A lawsuit can be a way to hold whoever caused their death responsible for what they’ve done and seek a measure of justice on behalf of the deceased. A wrongful death suit can also help you recover the money you’ll need to cover your funeral and burial costs, medical bills, and other expenses.

For more information on wrongful death lawsuits in Indiana, contact our office for a free consultation.

What Is an Indiana Wrongful Death Lawsuit?

A wrongful death lawsuit is a personal injury claim made by the surviving family members of someone who has died in an accident that was someone else’s fault.

Specifically, Indiana law defines wrongful death as any death caused by someone else’s wrongful actions or an act of omission. This definition includes accidents due to negligence, such as car accidents or medical malpractice, as well as intentional acts like assault or murder.

What Types of Events Can Result in an Indiana Wrongful Death Lawsuit?

Some of the most common events that can lead to wrongful death include:

• Car accidents

• Motorcycle accidents

• Semi-truck accidents

• Bicycle accidents

• Premises liability accidents (slips-and-falls, for example)

• Construction accidents

• Medical malpractice

• Defective products

• Nursing home abuse and neglect

• Intentional acts of violence

Who Can File a Wrongful Death Lawsuit in Indiana?

The parties eligible to file a wrongful death lawsuit in Indiana depend on the age of the person who died. If the deceased was a child, then one or both parents, or the child’s legal guardian, can file a wrongful death lawsuit.

For wrongful death claims, Indiana law defines a child as:

• Someone who is not married, has no dependents, and is younger than 20 years old.
• Someone who is not married, has no dependents, is younger than 23 years old, and is enrolled in college, a career or technical school, or some other educational program.
• A fetus that has reached viability.

If the deceased was an adult, then the only party who can file a wrongful death lawsuit is the personal representative of the deceased’s estate. The personal representative is sometimes referred to as the “executor” of the estate. The personal representative is frequently a family member, but the deceased can name anyone they want as their personal representative. Regardless of who is representing the deceased’s estate, it’s up to them to file a wrongful death lawsuit.

What Types of Damages Are Available in an Indiana Wrongful Death Lawsuit?

Compensation in wrongful death claims is tricky because specific rules say what compensation can or cannot be awarded in a lawsuit. Broadly speaking, compensation in wrongful death cases works like this:

• If the deceased was a child, the parents or legal guardian could be awarded compensation for the loss of the child’s services, the loss of the child’s love and companionship, the child’s health care expenses, the cost of counseling for the parents or young siblings, and any outstanding debts the deceased had.
• If the deceased was an unmarried adult with no dependents, the deceased’s estate could be compensated for funeral and burial expenses, medical bills, and the loss of love and companionship.
• If the deceased was married or had surviving dependents, the deceased’s estate can be awarded compensation for funeral and burial expenses, medical bills, the loss of the deceased’s future earnings, and the loss of love, affection, care, guidance, and training.

How Is Wrongful Death Compensation Distributed in Indiana?

In wrongful death lawsuits related to the death of an unmarried adult without dependents, any compensation for medical bills and funeral and burial expenses goes to the estate. Any remaining compensation will go to the deceased’s parents or non-dependent child. To claim any compensation, the deceased’s parents or non-dependent children must prove that they had an ongoing, substantial, and genuine relationship with the deceased.

If the deceased was married or has any surviving dependents, their estate will claim any compensation related to medical bills and funeral or burial costs. Any remaining compensation goes to the deceased’s surviving spouse, any dependent children, or the deceased’s other dependent relatives.

How Long Do I Have to File a Wrongful Death Lawsuit in Indiana?

All personal injury lawsuits in Indiana, including wrongful death claims, are subject to the Statute of Limitations. This law gives you two years from the date of the deceased’s death to file a wrongful death lawsuit. If you have not filed a wrongful death lawsuit by this deadline, your case will almost certainly be thrown out, and you’ll lose your chance to recover compensation.

Do You Need an Indiana Wrongful Death Lawyer?

In a word, yes.

First, you’re in no shape to work on a wrongful death lawsuit if you’ve just been through a family tragedy. A wrongful death lawyer can handle the legal grunt work while you focus on healing and dealing with your grief.

Second, wrongful death lawsuits aren’t easy to win. You’ll need convincing evidence that the party responsible for your family member’s death was somehow negligent and that their negligence directly led to the untimely death. An experienced wrongful death lawyer will know what evidence to look for to prove negligence so you can claim fair compensation for the loss you’ve suffered.

If you’ve lost a loved one and have questions about wrongful death lawsuits in Indiana, contact Truitt Law Offices today for a free initial consultation with one of our knowledgeable lawyers.

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What Should You Not Say to the Insurance Adjuster After an Accident in Indiana?

Before insurance companies agree to pay car accident claims, they rely on adjusters to investigate accidents and determine whether they believe the company should be liable. Insurance adjusters often come across as friendly and sincere, but it’s essential to remember these individuals act on behalf of insurance companies and not in your best interest.

Anything you say to an insurance adjuster can significantly impact the way they perceive your case. That could end up costing you money if you’re not careful. Since you will likely need to speak to an insurance adjuster at some point after your accident, Truitt Law Offices has provided the following guide to help you understand what you should and should not say to them.

If you were involved in an Indiana traffic collision and are dealing with an insurance adjuster, Truitt Law Offices can help. We can handle communications with the insurance company on your behalf. Contact us today to learn more about your legal options in a free initial consultation.

What Should I Tell the Insurance Adjuster After an Accident?

Anytime you speak to an insurance adjuster, keep in mind that they are constantly looking for ways to save their employer money by minimizing your claim. Generally speaking, it’s best to simply have all communication with the insurance company go through your lawyer.

However, if you don’t have legal representation yet, you can provide the adjuster with basic facts and details, such as:

• Your full name

• Your address and contact information

• The time, date, and location of the accident

• The other driver’s information

• Identifying information about any vehicles involved

• Contact details for any eyewitnesses

You should avoid sharing the following types of information or statements:

• Do not provide personal information such as your employment or financial status.

• Do not provide unverified information or guesses about what happened.

• Do not apologize or admit fault for any aspect of the crash.

• Do not indicate that you feel okay or discuss your injuries or overall health.

• Do not provide any written or recorded statements.

What Do Insurance Adjusters Look For?

When insurance adjusters investigate accidents, their main goal is to determine whether the insurance company is responsible for paying money to settle a claim and, if so, how much. If an adjuster finds that the insurance company is liable, they will begin looking for possible reasons to reduce the amount of money the insurer owes.

First, adjusters will look into the accident to determine its cause and whether the claim is fraudulent. Adjusters often perform physical inspections of the vehicles involved. They may also look over accident reports, witness statements, and other types of physical evidence.

Next, the adjuster may try to investigate your medical history. They may even ask you to sign a release to grant them access to all of your medical records to determine whether you have any prior injuries or pre-existing conditions that they can use to justify reducing your claim. For this reason, it’s important to never sign a release before talking to an attorney.

The insurance adjuster may also attempt to speak with you. They may behave like a good-natured customer service representative to put you at ease and nudge you into making casual statements that could damage your case. Their priority is to find any excuse to save the insurance company money by paying you little to nothing.

How Do Claim Adjusters Determine Fault and Compensation?

Claim adjusters determine who they believe was at fault in an Indiana car accident by evaluating various evidence related to the case. They may also review the text of local laws and court cases to determine whether any of the parties involved committed any legal violations.

Once an adjuster assigns fault in an accident case, they will look into multiple factors to determine how much money the company owes. In most cases, the value of an initial settlement offer from a claim adjuster is substantially lower than the total value of the case. Adjusters make these lowball offers in the hopes that accident victims will accept them out of desperation and save the company money.

If you receive a settlement offer early in your case, don’t accept it without first consulting with a knowledgeable attorney. Once you take a settlement offer, you can’t go back and demand more money later, even if you discover new injuries or symptoms related to the accident. A lawyer can help you calculate the full extent of all your losses in the car accident and demand the compensation you deserve.

Do Adjusters Have the Final Say in My Case?

While insurance adjusters have the authority to settle a claim from the insurer’s perspective, they do not have the final say in your overall case. That responsibility ultimately lies with the courts.

Insurance companies often authorize adjusters to make settlement offers over the phone. If you accept an offer, the adjuster can finalize your case. However, adjusters are typically not allowed to make offers that exceed specific dollar amounts.

Adjusters are trained not to reveal the upper limits of their ability to make settlements unless they want to make offers worth more than they can authorize. If this occurs, the adjuster must typically request approval from a claims supervisor or manager.

How Can a Car Accident Lawyer Help You After an Accident?

At Truitt Law Offices, we know how intimidating it can be to handle an insurance claim on your own. But, you don’t need to do that. When you work with us, we can communicate with the adjuster on your behalf and manage the most challenging aspects of your claim while you focus on your recovery.

Contact us today to start your free, no-risk case review for more information about how we can help.

The post What Should You Not Say to the Insurance Adjuster After an Accident in Indiana? appeared first on Truitt Law Offices.

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