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Wrongful Death Lawyer in New Albany
When wrongful death leaves families emotionally shattered and financially burdened, we help fight for justice.
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Types of Wrongful Death Lawsuits
Indiana defines wrongful death as when someone dies as the result of the wrongful act (or in some cases, failure to act) of another person or entity. This can cover a fairly broad array of negligent or criminal activity, including:
- Medical malpractice such as improper diagnosis, botched surgery, defective medical devices, improper medication, or administering incorrect anesthesia.
- Auto or plane accidents caused by neglectful operators or defective parts.
- Hazardous substances or unsafe conditions in the deceased’s workplace.
- Criminal behavior resulting in untimely death.
The above are just a few examples; there could be many others. If you believe a family member may have been a victim of wrongful death, contact us.
Who Can File This Lawsuit?
Indiana law states that a wrongful death lawsuit can be filed by the spouse or children of the deceased (this includes adopted children). If the suit is on behalf of a child, it must be filed by the child’s surviving parents, with both parents filing if the child was a minor at the time of death.
What Can Be Recovered?
Indiana does not award damages for pain and suffering in most wrongful death cases. However, damages may be awarded for funeral and burial expenses, outstanding hospital and medical bills, all lost wages and benefits of the deceased, and the pursuit of the wrongful death claim in court.
Indiana law states that all wrongful death suits must be filed within the statute of limitations of two years from the date of death. The limit for wrongful death damages is currently $300,000.
Morgan & Morgan May Be Able to Help
Indiana has many specific laws regarding wrongful death lawsuits. The best way to navigate them could be to hire the right lawyer. If our New Albany team takes your case, we will fight to get justice for your loved one. And remember — there are no upfront costs. We only get paid if you win.
Morgan & Morgan has been fighting for the people for over 35 years. If you have lost a loved one due to another’s recklessness or negligence, fill out our free case evaluation form.