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What is a Wrongful Death: What is it?
These claims are defined under Indiana law, when the death was caused by the wrongful act or omission of another, the family or personal representative of the decedent has the right to bring a claim against the individual who caused the unfortunate death. Sometimes it is easier to think of wrongful death cases as a personal injury claim where the injured party has passed away due to the other party’s actions.
Indiana has three statutes that specifically cover these cases: the Wrongful Death Act, the Child Wrongful Death Act, and the Adult Wrongful Death Act. There are certain circumstances where a cap on recovery is imposed. These statutes are briefly reviewed below.
Under the General statute, a personal representative would need to be appointed to bring an action on behalf of the deceased. Once a personal representative was established the case could be opened and filed. There is no cap on damages under this statute, but the award must be considered reasonable.
Under the Child Wrongful Death Act there is no cap on damages. This statute applies to those who are not married, have no dependents, and are either less than 20 years old or are under 23 years of age and enrolled in certain schooling. A viable fetus would be included in the definition of Child under this statute.
Under the Adult Wrongful Death Act, there is a cap on damages that is imposed. The cap on damages is $300,000. If the individual who has deceased is no longer a child, has no spouse, no dependents, or children they will have this cap imposed.
Obtain Legal Representation
The Attorneys at Vanderpool Law Firm will talk with you to determine if you have a case. While we cannot alleviate all emotions, we can help with the confusion and financial burdens you are facing. The purpose of these lawsuits are to compensate dependents who relied on the decedent for financial and emotional support. Call a personal injury lawyer at Vanderpool Law Firm PC to set up a free consultation at (574) 268-9995. We will help you in this stressful time. We can help get you the compensation you deserve.