Helping Lafayette Families Seek Justice After Negligence
At Cooke Law Firm, we help surviving family members find answers, seek justice and obtain financial recovery after the loss of a loved one. When someone is killed as a result of the negligence or misconduct of another person, our experienced Indiana attorneys help make sure those responsible are held accountable. We strive to minimize the financial difficulty the death may cause.
We are dedicated advocates for survivors of those killed by the wrongful acts of others, including deaths arising out of:
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We have the knowledge and resources to investigate each wrongful death claim fully, determine who is at fault, assess the full extent of the loss, and obtain fair financial recoveries that help the survivors rebuild their lives.
The Cooke Law Firm is committed to helping make our Indiana communities safer. We believe that holding negligent people responsible for their actions may help prevent future tragedies.
Who Can Recover Damages In An Indiana Wrongful Death Case?
Immediate family members can request compensation for damages in a wrongful death lawsuit. The parties that receive damages may include:
- Spouses
- Dependent children
- Parents
The personal representative files the lawsuit requesting damages for surviving family members. Spouses and children are often the primary beneficiaries.
Parents can receive compensation when they lose a minor child or depend on an adult child for financial support. Nondependent parents and adult children of the decedent can request damages for the loss of companionship, although the state caps such damages at a maximum amount of $300,000.
What Types Of Wrongful Death Claims Exist In Indiana?
There are three main types of wrongful death lawsuits filed in Indiana, and each involves different types of damages:
- General adult wrongful death lawsuits: When an adult with dependents dies, their family members can request economic damages, including medical expenses, funeral costs and lost earnings. Survivors can also receive damages for the loss of love and companionship.
- Child wrongful death lawsuits: Unlike adult lawsuits, child wrongful death lawsuits require that parents, not a personal representative, file the lawsuit in most cases. Parents acting as plaintiffs can request economic damages for medical and burial expenses, as well as costs for counseling for the grieving parents and the value of any uninsured debts owed by the child. They can also request noneconomic damages for the loss of their child’s love, companionship and services.
- Wrongful death of an unmarried adult without dependents: The personal representative can file on behalf of the estate or surviving, nondependent family members. The estate can recover economic losses, including funeral and medical expenses. Nondependent family members can request noneconomic damages for the loss of love and companionship. Such claims usually do not include damages for the loss of future earnings.
An experienced wrongful death attorney can help you understand if you have the legal standing to file a claim.
Damages That Can Be Recovered By Indiana Wrongful Death Compensation
Wrongful death lawsuits allow for the recovery of economic and noneconomic damages. The party at fault may be liable for:
- Funeral and burial/cremation costs
- Medical bills from end-of-life care
- Lost future income
- Lost financial support
- Loss of household services
- Loss of love and companionship
- The pain and suffering of the decedent before their passing
There is a $300,000 cap on noneconomic damages, but there is no formal limit to economic damages.
Frequently Asked Questions About Lafayette Wrongful Death Claims
Speak to our attorneys at the Cooke Law Firm to learn more about your wrongful death case. Here are some answers to the most common questions we hear:
What is the statute of limitations for filing a wrongful death claim in Indiana?
The deadline in Indiana for a wrongful death claim is two years from the date of a person’s passing. Failing to meet the statute of limitations can prevent surviving victims from recovering fair compensation after a wrongful death.
There are some exceptions to the statute of limitations. It is wise to understand these deadlines when filing a wrongful death claim. Speaking with an attorney at the Cooke Law Firm can help you protect your interests.
Can you file a wrongful death claim on behalf of a deceased family member?
In Indiana, the personal representative of the deceased’s estate is the person who must file any wrongful death claim on behalf of the relatives of the deceased. This is typically the executor or someone appointed as administrator of the deceased’s estate. Wrongful death claims typically provide compensation to the deceased’s spouse, children and sometimes their parents or other dependents.
How is liability determined in a wrongful death case?
Liability in a wrongful death case is determined by showing that another party breached their duty of care either through negligent, reckless or deliberate actions, directly leading to the victim’s death. A party may have breached their legal duty of care if, for example, a driver was drunk, a business owner failed to maintain their property or a doctor prescribed the wrong medical treatment, with each scenario resulting in the death of another person.
Can punitive damages be awarded in Lafayette wrongful death cases?
Indiana law does not permit punitive damages – which are designed solely to punish bad behavior rather than compensate victims of personal injuries for their losses – in wrongful death claims.
Contact The Lafayette, Indiana, Wrongful Death Lawyers At Cooke Law Firm
Find out how our experienced attorneys can help you. Call 765-340-2776 or contact Cooke Law Firm online for a free initial consultation.
We represent accident and personal injury victims throughout Indiana, including Tippecanoe, White and Benton counties.