Wrongful Death Lawyer Lafayette, IN
If your family member’s death was due to negligence, you should discuss your case with a wrongful death lawyer Lafayette, IN residents trust. Your family may be entitled to compensation. A lawyer can help you pursue the claim and protect your legal rights.
How Long Do You Have to File a Wrongful Death Lawsuit?
If you want to file a wrongful death lawsuit, it’s important to follow your state’s statute of limitations. In the state of Indiana, you have to file the claim within two years of the date the death occurred. It must be filed much sooner if a governmental employee caused the death of your loved one. After that amount of time has passed, you will no longer be eligible to pursue compensation.
What Types of Damages Can You Claim in a Wrongful Death Lawsuit?
There is nothing that can make up for the death of a loved one. However, filing a wrongful death lawsuit can help you recover some of the financial losses that resulted from the death, such as:
- Funeral and Burial Expenses: It’s no surprise that funeral and burial expenses aren’t cheap. In fact, you may end up spending thousands of dollars when it’s all said and done. By filing a wrongful death lawsuit, you can receive the necessary compensation to pay for these expenses.
- Medical Bills: If your loved one was treated at the hospital before passing, you will be responsible for those medical bills. If your family member underwent an emergency surgery, you could have hundreds of thousands of dollars of medical expenses on your hands.
- Lost Future Income: If your loved one was the breadwinner in your home, your family may suffer financially without his or her salary. If you file a wrongful death claim with the help of a wrongful death lawyer in Lafayette, IN, you may be able to recover what your loved one would have earned if he or she didn’t die.
- Punitive Damages: If the act that resulted in your family members’ death was extremely negligent or reckless, in theory you may be able to receive punitive damages, but under Indiana law almost all of the punitive damages go to the state of Indiana, and do not compensate the family members who are no longer able to hug or talk to their loved one. These damages are meant to punish the person or corporation whose reckless conduct resulted in another person’s death.
Should You Hire a Wrongful Death Lawyer?
Although you aren’t required to hire a lawyer to file a wrongful death lawsuit, it’s in your best interest to do so. Wrongful death lawsuits involve many complexities, and you don’t want to make a mistake that could jeopardize your case. What Indiana law applies varies according to age of the person who died, marital status, whether the person had children, how old the children are, and many other factors. Susannah Hall-Justice has explained some of these complexities to her fellow trial lawyers at Indiana Trial Lawyer Association seminars. A lawyer can help you gather the necessary evidence to prove your case and negotiate with the insurance company on your behalf.
What You Should Ask Prospective Wrongful Death Attorneys
What Wrongful Death Case Experience Do You Have?
When you search for a wrongful death lawyer in Lafayette, IN, you want someone who is well-versed in this type of law and has extensive experience negotiating and arguing these types of cases. You should also find out how much of your prospects’ caseloads are wrongful death lawsuits. Because this is such a specialized field and its regulations can change quickly, you want an attorney who spends a significant amount of time on these types of cases. Your attorney should also focus on remaining up to date on any new regulations, so ask about their additional coursework or conferences.
What Kind of Resources can You Dedicate To my Case?
You want a law firm, such as the Hall Justice Law Firm, that has extensive resources to dedicate to your case. For example, these cases are often complicated and require extensive evidence to prove, so ask your prospects about their investigative resources. Ask your wrongful death lawyer in Lafayette, IN how many individuals within the firm will be working on your case and what their job titles are. Discuss the time that will be spent on your case, and ask whether the firm has the time necessary to handle your case. Finally, discuss the firm’s financial assets. These cases can be expensive, and since the attorney will not be paid until and unless the case is won, the firm needs to be financially able to work on and present your case.
What Is Your Analysis of my Case?
When you contact a wrongful death lawyer in Lafayette, IN, you may ask for a complimentary review of your case. You should discuss anything that will make your case stronger. You can ask what kind of compensation your prospects expect at the end of your case. However, be prepared for them not to answer definitively.
These professionals can also give you an idea about whether your case will go to trial. Therefore, you need to know your role in the case so that you are prepared. For example, you may have to testify, and you need to be able to clearly articulate the information the judge and jury need to make an informed decision.
Can I File a Lawsuit?
Each state has specific laws regarding who can file a wrongful death lawsuit. Typically, you need to be a spouse, child or executor of the deceased’s will to file suit. However, a reputable law firm, e.g., the Hall Justice Law Firm, understands their state laws and can inform you about whether you are legally able to file a lawsuit and be compensated for the wrongful death of a loved one.
I’ve Decided To File My Suit – Now What?
Once you’ve chosen to hire a wrongful death lawyer in Lafayette, IN, the wheels will be set in motion for your case to proceed. A lawyer at Hall Justice Law Firm can help lead you on the path to winning the damages you seek. Here are a few of the things that you should expect to deal with once you’ve chosen your attorney.
Consider Your Time Frame
Unlike murder charges, wrongful death claims have a statute of limitations. The amount of time you have to file a wrongful death suit in Indiana is two years from the date of your loved one’s passing. Although you may file a claim after that time has passed, your chances of winning are much greater if you file early.
Choose Your Damages
For a wrongful death suit to be successful, you’ll want to be clear as to what your goals are. There are four types of damages you can claim in a wrongful death suit:
- Funeral expenses
- Medical expenses
- Lost future income
- Punitive damages
After you’ve chosen to file a suit, sit down with your attorney to discuss which damages are most appropriate. Damages are usually calculated based on the decedent’s age, health history, earnings, and life expectancy.
A knowledgeable wrongful death lawyer in Lafayette, IN, can help outline your options. Then, your lawyer should be able to lay out a plan to win your case.
Discuss Your Approach
The attorneys at Hall Justice Law Firm can offer guidance on how to approach a wrongful death lawsuit. Not only can they explain which resources will be of most use to your case, but they can also help you decide which options are more likely to fit into your budget.
Gather Evidence
To ensure your case is as strong as possible, gather any evidence you have and bring it to your attorney. Then, make a list of what else you’ll need to bolster your case. Evidence can include emails, letters, medical documents, and other details that may show whether your loved one’s death could have been prevented.
If your loved one’s death was due to negligence or inaction, hiring a wrongful death lawyer in Lafayette, IN, is an excellent first step toward doing his or her memory justice. The lawyers at Hall Justice Law Firm have experience dealing with wrongful death lawsuits, making them well-qualified to help you work through this trying time as smoothly as possible.
Five Frequently Asked Questions About Wrongful Death
What Constitutes Wrongful Death?
A wrongful death is one that occurs due to the negligence, recklessness or intentional action of another person. Some examples include car accidents, medical malpractice, construction accidents, slip and falls and murder. Wrongful deaths can result even when it was just an accident that took your loved one away from you.
Is Wrongful Death a Cause of Action?
Yes, wrongful death is a cause of action, or type of legal claim, that can be brought when someone accidentally or intentionally causes someone else’s death. It’s what allows a lawsuit to be brought even though the complainant is already dead. There are actually two causes of action you can claim in a wrongful death case: the wrongful death claim itself, and a survival action to recover medical bills, pain and suffering, funeral costs and lost wages.
Are Wrongful Death Settlements Taxable
Since wrongful death settlements fall under the umbrella of personal injury law, they are not considered income, and therefore, not taxable. Your wrongful death lawyer in Lafayette, IN, may be able to put you in touch with a reputable CPA or financial advisor to help you manage your settlement.
Can Wrongful Death Settlement Be Garnished?
Wrongful death settlements can, however, be garnished for child support, medical bills and other claims. If you owe back child support, that can be taken out off the top before you ever see your settlement check. The same is true for any medical bills paid out by your loved one’s health insurance. Your Hall Justice Law Firm wrongful death lawyer in Lafayette, IN, can explain the intricacies of garnishment in your personal wrongful death case.
Is Wrongful Death a Felony?
Wrongful death in and of itself is not a felony. However, it can happen during or as a result of a felony. For example, if someone is driving drunk and causes a car accident that kills your loved one, that would be a felony. If someone attacked your loved one and the injuries were severe enough that death resulted, that would be a felony.
Wrongful death is a civil matter, where felonies belong in criminal court. The biggest difference between the two is the burden of proof. In criminal court, you have to prove your case beyond a reasonable doubt. In civil court, you have to prove your case by a preponderance of the evidence — meaning that a juror only has to be 51% sure to find the defendant liable. Your Hall Justice Law Firm wrongful death lawyer in Lafayette, IN, can answer any more questions you may have on this matter.
Schedule a consultation with a wrongful death lawyer in Lafayette, IN today.