Elkhart Wrongful Death Lawyers

The loss of a loved one can be a profoundly challenging experience, and the grief may be compounded if another’s negligence or misconduct causes the death. In such instances, Indiana’s wrongful death laws provide a means for families to seek justice.

The Elkhart wrongful death lawyers at Wilson & Kinsman, LLC will help you pursue accountability after a devastating loss.

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a legal action filed on behalf of a deceased person whose death was caused by another’s wrongful act, negligence, or misconduct. Indiana law allows certain family members, typically the deceased’s spouse, children, or parents, to bring this type of claim. These lawsuits aim to address the financial and emotional toll on the family and seek to hold the responsible parties accountable.

Who Can File a Wrongful Death Lawsuit in Indiana?

In Indiana, the personal representative of the deceased’s estate is typically the one to file a wrongful death lawsuit. For cases involving a minor child, the child’s parent or guardian may initiate the claim. Beneficiaries such as spouses, children, and, in some cases, dependent relatives may receive the damages awarded if the case is successful. Indiana’s laws outline specific eligibility requirements, and Elkhart wrongful death lawyers at Wilson & Kinsman, LLC, will help clarify these for families considering a personal injury claim.

What Are the Common Causes of Wrongful Death?

Wrongful deaths can arise from various circumstances, commonly including motor vehicle accidents, medical malpractice, workplace incidents, defective products, and violent acts. Determining the cause and liability can be complex, especially if multiple parties may be responsible. Attorneys experienced in wrongful death cases can investigate these incidents to establish liability and support the case with relevant evidence.

How Long Do You Have to File a Wrongful Death Lawsuit in Indiana?

In Indiana, wrongful death claims must generally be filed within two years of the deceased’s passing. This timeframe, known as the statute of limitations, is strict, and missing this deadline usually means forfeiting the right to seek compensation. Starting the process as early as possible ensures that evidence is preserved and the claim is timely, which can be crucial to the case’s success.

What Damages Can Be Sought in a Wrongful Death Claim?

While each case varies, damages in a wrongful death claim may cover both economic and non-economic losses. Economic losses often include medical expenses, funeral costs, and lost income the deceased would have provided to their family. Non-economic damages can account for intangible losses like the pain and suffering experienced by surviving family members. Indiana also has caps on certain damages, and an Elkhart wrongful death attorney can provide specific insights based on individual circumstances.

Can You File a Wrongful Death Claim for a Non-Family Member?

Generally, Indiana wrongful death claims are restricted to immediate family members, such as spouses, children, or parents of the deceased. A legal guardian may also file the claim when the deceased was a minor. Indiana law does not allow distant relatives or non-family members to pursue these claims unless there is a legally recognized dependency or guardianship. For those uncertain about eligibility, consulting with a knowledgeable attorney is the best way to understand the scope of Indiana’s wrongful death laws.

What Is the Legal Process for Filing a Wrongful Death Claim?

Filing a wrongful death lawsuit involves several steps, starting with a detailed investigation into the cause of death and gathering evidence to support the claim. After evidence collection, the attorney files a formal complaint against the responsible party. During this time, negotiations may take place to reach a settlement; if an agreement cannot be reached, the case may proceed to trial. Every step in this process requires adherence to Indiana legal standards, which is where experienced legal representation can offer guidance.

How Is Liability Determined in a Wrongful Death Case?

Liability in wrongful death cases hinges on proving that another party’s negligence or intentional act caused the death. This often involves showing that the responsible party had a duty of care to the deceased, breached that duty, and directly caused the death as a result. Evidence such as police reports, witness statements, and expert testimony can play a vital role in establishing liability, and a skilled wrongful death attorney can help collect and present these findings effectively.

What Are the Benefits of Hiring an Elkhart Wrongful Death Lawyer?

Navigating a wrongful death claim can be emotionally and legally challenging for surviving family members. Hiring an Elkhart wrongful death lawyer means having an advocate who understands Indiana’s wrongful death laws and can handle the complexities of your case. An attorney can provide valuable support in gathering evidence, meeting court deadlines, and representing your interests in negotiations or court proceedings, allowing families to focus on healing.

Can Wrongful Death Claims Go to Trial?

Yes, if a settlement cannot be reached, wrongful death claims may go to trial. Trials involve presenting the case before a judge or jury, who will evaluate the evidence and make determinations on liability and damages. Going to trial can be time-consuming and may extend the duration of the case, but sometimes, it is the only way to achieve a fair outcome. An experienced attorney will prepare a case thoroughly, whether it’s resolved in or out of court.

How Can Wilson & Kinsman, LLC Assist With Your Wrongful Death Case?

The Elkhart wrongful death lawyers at Wilson & Kinsman, LLC understand the unique difficulties families face following a tragic loss. They provide guidance throughout the claims process, explain legal options, and represent clients’ interests with dedication. From initial consultation to case resolution, the firm is committed to helping families pursue justice and peace of mind.

The Elkhart Wrongful Death Lawyers at Wilson & Kinsman, LLC Understand the Legal Needs for Families of Wrongful Death Victims

Losing a loved one due to someone else’s negligence can be a devastating experience. While legal action cannot reverse the tragedy, it can hold those responsible accountable and provide a sense of justice. The Elkhart wrongful death lawyers at Wilson & Kinsman, LLC are here to support you during these challenging times. Call us today at 574-522-1900 or fill out our online form for a free consultation. With our offices located in Elkhart and South Bend, Indiana, we proudly serve clients in Goshen, Mishawaka, Granger, Osceola, Bristol, and La Porte.

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574-522-1900

Testimonials

Read what our former clients have to say:

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.