Losing a loved one is an incredibly challenging experience.
When that loss is due to someone else’s negligence or wrongful actions, the pain can be even more profound. Individuals who have lost a family member due to wrongful death may have the right to pursue a legal claim for compensation.
Who can pursue a wrongful death claim?
Indiana statutes limit the right to file a wrongful death claim to certain individuals. Typically, only the personal representative of the deceased person’s estate is eligible to initiate such a legal action. The personal representative is the person appointed by the court to manage the affairs of the deceased’s estate.
Additionally, state law allows certain family members to benefit from the wrongful death claim. The surviving spouse and dependent children of the deceased are usually the primary beneficiaries. If there is no surviving spouse or dependent children, other family members, such as parents or siblings, may have the right to pursue the claim.
What are the time limits for filing a claim?
It is important to be aware of the time constraints associated with filing a wrongful death claim. The state has a statute of limitations that sets a deadline for initiating legal action. Typically, a person must file a wrongful death claim within two years of the date of the deceased person’s death. Failing to file within this timeframe may result in the loss of the right to seek compensation.
If a wrongful death claim is successful, the compensation awarded can cover various damages. These may include medical and funeral expenses, loss of the deceased person’s earnings and the emotional suffering experienced by the surviving family members.
