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Indianapolis Wrongful Death Lawyer

Fighting for Justice After the Loss of a Loved One

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Wrongful Death 
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Why Choose CohenMalad, LLP for Wrongful Death Cases?

When tragedy strikes, your focus should be on healing and supporting your family. Our team of skilled and compassionate wrongful death lawyers is here to ease your burden. With decades of experience, CohenMalad, LLP has built a reputation for pursuing justice on behalf of families who have suffered the loss of a loved one due to someone else’s negligence.

We understand the emotional toll such a loss can have on your family, and we’re committed to handling all aspects of your legal case so you can focus on what matters most. Our capable team will fight for the compensation your family deserves, from medical expenses and funeral costs to your loved one's lost earnings and the hardship created by pain and suffering.

What Is a Wrongful Death Claim?

A wrongful death claim arises when someone loses their life due to the negligence, recklessness, or intentional acts of another party. These claims allow surviving family members to seek justice and financial restitution for their loss.

A wrongful death can result from many different circumstances, such as:

  • Car Accidents
  • Medical Malpractice
  • Defective Products
  • Workplace Accidents
  • Criminal Acts (e.g., homicide, arson)

At CohenMalad, LLP, we help grieving families navigate the legal process to hold responsible parties accountable for their actions.

Common Types of Wrongful Death Cases We Handle

Our experienced wrongful death attorneys represent families in various types of cases, including the following:

  • Car Accidents

    Fatal accidents caused by reckless, distracted, or impaired driving can leave families dealing with immense grief and seemingly insurmountable financial challenges. Our attorneys can investigate the accident and ensure that the responsible party faces the consequences of their actions.

  • Medical Malpractice

    When healthcare providers fail to provide adequate care, it can result in a preventable death. We’ll stand up for your family’s rights, whether your loved one died because of a surgical error, misdiagnosis, or medication mistake.

  • Workplace Accidents

    Certain occupations put workers at risk, and when safety protocols are ignored, it can lead to fatal accidents. If your loved one’s death occurred at work, our team can help you exact justice from employers or third-party entities.

  • Defective Products

    When a product malfunctions and causes a lethal injury, manufacturers, distributors, and retailers can all be held liable. Our lawyers routinely help families seek compensation for losses arising from faulty products.

  • Criminal Acts

    In cases where a wrongful death results from criminal behavior, such as murder or assault, a wrongful death lawsuit can be pursued separately from the criminal case. The purpose of such a lawsuit is to hold the wrongdoers financially accountable.

Doctor

Who Can File a Wrongful Death Lawsuit?

Under Indiana law, only certain individuals can file a wrongful death lawsuit. They include:

  • The surviving spouse
  • Surviving children (biological or adopted)
  • Surviving parents of the deceased (if there’s no spouse or children)
  • The personal representative of the deceased’s estate

It’s essential to contact a qualified attorney after losing a loved one unexpectedly to protect your family’s right to fair compensation.

Compensation for Wrongful Death Victims

While no amount of money can replace your loved one, it can help ease the financial burden that follows. The following types of compensation may be available in wrongful death cases:

  • Funeral and burial expenses: The cost of honoring your loved one and laying them to rest.
  • Medical expenses: Medical bills related to the care your loved one received before their death.
  • Lost income and financial support: Crucial income your family has lost as a result of your loved one’s passing.
  • Pain and suffering: Payment for the emotional pain you and other surviving relatives have experienced.
  • Loss of companionship and consortium: Compensation for the loss of love, support, and companionship caused by the death.

When you retain CohenMalad, LLP, to handle your wrongful death case, we promise to do everything in our power to secure maximum compensation for your family’s loss.

How Wrongful Death Cases Work

Pursuing a wrongful death claim involves navigating complex legal and insurance procedures. Here’s a basic overview of how these cases work:

  • Investigation: Our team will investigate the circumstances surrounding your loved one’s death, gather key evidence, and determine who is liable.
  • Filing the claim: We’ll file a wrongful death lawsuit on behalf of the surviving family members.
  • Negotiation and settlement: Our skilled lawyers will negotiate with the insurance companies and other parties to secure a fair settlement.
  • Trial: If we can’t obtain a fair settlement, we’ll take your case to trial and fight for justice in court.

Our goal is to make the legal process as straightforward as possible, allowing you and your family to focus on healing during this challenging time.

The Statute of Limitations for Wrongful Death Claims in Indiana

In Indiana, the statute of limitations for filing a wrongful death claim is typically two years from the date of death. If you miss this deadline, you may lose your right to pursue compensation, so it’s vital to act quickly.

Our attorneys are here to guide you through the process and ensure your rights and interests are respected.

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Protect Your Family’s Future — Contact CohenMalad, LLP Today

If you’ve lost a loved one due to someone’s carelessness or malice, don’t wait to seek the trustworthy legal help you and your family need. Contact CohenMalad, LLP today for a free consultation with one of our experienced wrongful death attorneys.

FAQ

  • What’s the difference between a wrongful death claim and a criminal case?

    A wrongful death claim is a civil lawsuit brought by the surviving family members or the estate of the deceased to seek financial compensation for their loss. This type of case centers on holding the responsible party accountable for their actions and compensating the survivors for impacts like funeral expenses, lost income, and emotional pain.

    A criminal case, on the other hand, is initiated by the state to prosecute the offender for violating the law, which could result in penalties like imprisonment or fines.

    These two types of cases are different and can occur simultaneously. For example, even if the defendant isn’t convicted in a criminal trial, you can still pursue a wrongful death claim in civil court, where the burden of proof is lower.

  • Can I file a wrongful death claim if the deceased didn’t have a will?

    Yes. In Indiana, the personal representative of the deceased’s estate is the party that typically files a wrongful death claim. If the deceased didn’t designate a representative through a will, the court will appoint one to handle the case.

    The compensation awarded in a wrongful death claim is distributed according to Indiana law, which outlines how damages are divided among surviving family members. Our attorneys can offer insightful guidance on this process and make sure your claim is filed correctly.

  • What kinds of damages can be recovered in a wrongful death claim?

    The damages available in a wrongful death case fall into two general categories:

    • Economic damages: Account for tangible financial losses, such as medical bills incurred before the death, funeral and burial expenses, and lost income or benefits.
    • Non-economic damages: Reflect intangible losses, including the pain and suffering of surviving family members, loss of companionship, and emotional distress.

    It’s worth noting that Indiana law caps damages in certain types of wrongful death cases, such as those involving non-dependent adult children. Our attorneys can help you understand what types of compensation you may be eligible to recover based on your unique situation.

  • Can multiple family members file separate wrongful death claims?

    No. Indiana law requires a single wrongful death claim to be filed on behalf of all eligible beneficiaries. Typically, the personal representative of the deceased’s estate files the lawsuit, and any compensation awarded is distributed among the surviving family members in accordance with state law.

    Our legal team can assist in coordinating the claim to ensure that all eligible parties are included and the damages are distributed fairly.

  • How long does a wrongful death case take to resolve?

    The timeline for a wrongful death case can vary depending on several factors, including the complexity of the case, the amount of evidence required, and whether the case settles out of court or proceeds to trial.

    In some cases, it may be possible to reach a settlement in a few months, while more complex cases often take a year or longer to resolve. At CohenMalad, LLP, we prioritize moving cases forward efficiently while ensuring they’re as strong as possible.

Justice Is Within Your Reach

If you’ve lost someone you love through preventable circumstances, you aren’t powerless to act. Contact CohenMalad, LLP, to assert your rights and protect your future.

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