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What Damages Are Available In A Wrongful Death Case?

Losing a loved one is never easy; however, when that loss is due to a preventable act such as a motor vehicle accident, medical malpractice, or defective product, you are left with more questions than you have answers. The thought that your loved one did not have to die can be overwhelming. Our wrongful death attorneys want to help you seek justice for your loved one and your family by finding out why your loved one died and holding the responsible party accountable for his or her actions that lead to the death.

Unfortunately, wrongful death is not always a criminal act; therefore, the person or party who caused the death of your loved one may not be facing criminal charges. Therefore, the only other way the law has to compensate you for your loss is through a monetary judgment. No amount of money will bring back your loved one nor will money ease the grief you are experiencing. However, a wrongful death case can help bring closure in addition to providing the financial support you need to help you support yourself and your family so you can continue the healing process to move on with life.

Damages You May Recover in an Indiana Wrongful Death Case

Under Indiana’s wrongful death statute, survivors in a wrongful death case can seek to recover:

  • Medical expenses and costs from the date of the injury through the date of death
  • The cost of the burial, cremation, and/or funeral
  • The costs and attorney fees of bringing a wrongful death action

In addition to the above damages, if the survivor is the spouse or dependent of the deceased person, he or she may receive other forms of compensation in a wrongful death case. Examples of compensation available to a spouse or dependent include:

  • Loss of the victim’s earnings
  • Loss of financial support
  • Loss of consortium
  • Loss of services
  • Loss of care, love, and affection
  • Loss of support and guidance

A wrongful death case may also result in the survivors receiving compensation for mental health treatments and counseling required because of the loss of a loved one. Because each wrongful death case is different, you may be entitled to several types of damages. Our experienced wrongful death lawyers investigate all aspects of the event that caused your loved one’s death to ensure we seek every type of compensation you are entitled to receive under Indiana’s wrongful death laws.

Can I Receive Punitive Damages?

In some cases, a survivor may be entitled to receive punitive damages in a wrongful death case. Punitive damages are not available in all wrongful death cases. However, if the person’s conduct was grossly negligent or malicious, the court may order punitive damages to “punish or deter” this type of behavior and/or acts in the future.

Contact a Bloomington Wrongful Death Attorney

A wrongful death case may be the last thing on your mind when you lose a loved one; however, you must act now to protect your right to file a wrongful death lawsuit. Indiana’s statute of limitations restrict the amount of time you have to file a wrongful death lawsuit. In most cases, you only have two years from the date of death to file your lawsuit; however, there are exceptions to this general rule.

Because a wrongful death case requires an extensive, thorough, and comprehensive investigation, you do not want to wait until the last minute to contact a wrongful death lawyer. Call The Ken Nunn Law Office at 1-800-CALL-KEN or 1-800-225-5536 to schedule a free consultation to discuss how we can help you seek justice on behalf of the loved one you lost.

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