Compassionate Fort Wayne Wrongful Death Lawyers
Our law firm is here for you after a loss
When you've lost a loved one, hiring an attorney may be the furthest thing from your mind. We understand you're dealing with the loss of a loved one and that this process can be a very personal, private experience. But if your loved one's death was due to negligence, it's important to contact an experienced wrongful death attorney as soon as possible to address all the legal implications.
To an insurance company, your family's tragedy is just exposure to their bottom line. That's why the attorneys at Boughter Sinak, LLC are committed to fighting for your family. We'll advocate for the compensation your family needs to move forward while you focus on mourning the loss of a loved one.
Understanding wrongful death lawsuits in Indiana
A wrongful death claim is similar to a personal injury claim, but it is filed on behalf of a person who has died. In Indiana, there are three different types of wrongful death claims under state law:
- Claims brought pursuant to the general Wrongful Death Act;
- Claims brought pursuant to the Child Wrongful Death Act; and
- Claims brought pursuant to the Adult Wrongful Death Act.
A personal representative (executor) of the deceased person's estate files the wrongful death claim in most cases with the exception of the Child Wrongful Death Act, which does not require an estate; one or both parents may simply bring the claim. Depending on the circumstances, damages (financial compensation) may be awarded to the deceased person's spouse, children or other dependents.
There are two general categories of damages awarded in wrongful death cases. The first category of damages, which includes medical, hospital, funeral and burial expenses, is paid directly to the estate. The second category represents lost wages and benefits that the deceased person would have earned; these damages are divided among the surviving spouse and children.
It may seem strange to seek monetary compensation for a death - after all, you can never truly assign a financial value to a human life. But seeking damages can help to provide for your family, particularly in situations where the deceased person was the primary "breadwinner" for the family or provided other services that had a significant financial impact, such as childcare. For instance, after the passing of a primary caregiver parent, a wrongful death award may allow the working parent to stay home and care for the children.