Our Services

Wrongful Death Lawyers

Wrongful deaths occur when a life is lost due to someone else's negligence. You have all the right to hold the person accountable for your loved one's death. Get the right legal guidance to file an Indiana wrongful death claim.

Our attorneys at Lloyd Law Office will help you navigate through the tedious process of wrongful death claims. Call us today.

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 How Can An Attorney Help? 

• Maintain the property in a safe condition

• Warn visitors of any hazards

• Responsibility of the owner is higher if the injured person was invited, for example, a customer, social guest, etc.

According to Indiana law, a person who has permission to be on the property but is not there to do business or as a social guest is owed a lesser responsibility. Trespassers assume more responsibility for their own injuries and are owed the least duty of care. If the trespasser is a child and the property owner left his or her property accessible to curious children, then he or she is responsible.

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Filing A Claim​

Under Indiana law, when someone’s death is caused by the wrongful act or omission of another, the personal representative of the estate of the victim may file a lawsuit against the person or entity that caused the death, provided the victim would have had legal grounds to sue if he or she had survived.

According to the state wrongful death statute (IC 34-23-1-1), a wrongful death claim must be filed within 2 years of the death of the victim. This is known as the statute of limitations.

In the case of the wrongful death of a child, either or both parents may file a wrongful death claim. The parent who has legal custody must file the claim if the parents of the deceased child are separated. If the legal rights of the parents have been terminated, or both parents are deceased, a wrongful death claim must be filed by the guardian of the child.

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What Can Be Recovered?

• Hospital bills

• Lost earnings of the deceased

• Loss of companionship

• Loss of benefits the deceased would have received

• Funeral and burial expenses

• Reasonable medical expenses
   

Damages recovered for medical, hospital, and funeral expenses go to the estate of the deceased for payment of bills. The remaining damages are distributed by the personal representative of the estate. If more than one person is awarded damages, the court will determine how the funds should be distributed.

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Wrongful death damages may be awarded to:

• Widow or widower and dependent children, if any, or dependent next of kin; or if none exist

• non-dependent parent or non-dependent child

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Types of Accidents That Lead to Wrongful Death Claims

• Car accidents

• Bicycle accidents

• Pedestrian accidents

• Truck accidents

• Boating accidents

• Dog bites

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Things You Need To Do

• Talk to a lawyer first: Don't sign any papers and don't say yes to any tape recorded conversations with the liability insurance company

• Beware of quick settlements: quick settlements are no solution. Your claim's true worth may be much more

• Getting results: Get expert advice on the full value of the wrongful death

• Collect evidence: having the evidence to back your claim is always good

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Sources

• Indiana Code: Article 23: Causes of Action: Wrongful Death

• NHTSA: Quick Facts 2013

• Newsday: 2014 recreational boating accidents and deaths

• Org: 2014 dog bite fatality statistics