Goshen Wrongful Death Lawyers

Losing a loved one due to another party’s negligent actions is a tragic and life-altering event. In these circumstances, families often face emotional and financial hardships while seeking justice for their loss.

Wrongful death cases are a legal avenue for families to hold responsible parties accountable and recover compensation for damages such as medical expenses, funeral costs, and loss of income. The legal process, however, can be challenging without the assistance of skilled lawyers who understand the nuances of wrongful death claims.

Our Goshen wrongful death lawyers at Wilson & Kinsman, LLC have experience helping families pursue justice in these difficult situations. We understand the legal framework surrounding wrongful death cases and are dedicated to protecting the rights of grieving families.

What Constitutes a Wrongful Death Case?

A wrongful death occurs when an individual’s death is caused by the negligence, recklessness, or intentional actions of another party. Common causes of wrongful death include:

• Motor vehicle accidents

• Medical malpractice

• Workplace incidents

• Defective products

• Criminal acts

For a wrongful death case to be viable, several elements must be established

• The responsible party owed a duty of care to the deceased.

• The duty of care was breached, either through negligence or intentional misconduct.

• The breach of duty must be proven to have directly caused the death of the individual.

Establishing these elements often requires extensive evidence and legal knowledge, making the assistance of our Goshen wrongful death lawyers invaluable.

Who Can File a Wrongful Death Claim in Indiana?

In Indiana, the right to file a wrongful death claim is typically granted to the personal representative of the deceased individual’s estate. This is often a family member such as a spouse, child, or parent, although it can also be an appointed individual named in the deceased’s will. In cases where the deceased was a minor, the parents are generally the ones permitted to file the claim. The compensation recovered through a wrongful death lawsuit is distributed among the surviving family members, depending on their relationship with the deceased.

What Types of Compensation Are Available in Wrongful Death Claims?

The compensation awarded in a wrongful death claim is designed to address both the financial and emotional losses suffered by surviving family members. Damages may include medical expenses incurred before the individual’s death, funeral and burial costs, lost income and benefits, and the loss of companionship and emotional support. Punitive damages may also be awarded to penalize the responsible party for particularly egregious misconduct.

Indiana law places limits on certain types of compensation in wrongful death cases, particularly when it comes to non-economic damages such as emotional pain and suffering. Additionally, if the deceased did not have dependents, the damages that can be recovered are more limited. These cases involve specific legal parameters, and our Goshen wrongful death lawyers can provide detailed guidance regarding the types of compensation that may be available in a particular case.

How Long Do Families Have to File a Wrongful Death Claim?

Indiana law imposes a strict time limit, known as a statute of limitations, for filing a wrongful death lawsuit. Generally, this time frame is two years from the date of the individual’s death. If a claim is not filed within this period, it is unlikely that the court will hear the case, regardless of its merits. To protect the rights of surviving family members and promptly initiate the legal process, we recommend consulting with our Goshen wrongful death lawyers as soon as possible.

What Role Does a Lawyer Play in a Wrongful Death Case?

A lawyer’s role in a wrongful death case is multifaceted, involving legal and practical support. Initially, the lawyer conducts a thorough investigation to gather evidence supporting the claim. This may include obtaining medical records, police reports, witness statements, and expert testimony. The lawyer also handles all legal filings and procedural requirements.

In addition to managing the legal aspects of the claim, a lawyer advocates on behalf of the family during negotiations with insurance companies or in court. Insurance companies often attempt to minimize payouts; having experienced legal representation can give you a better outcome.

Can Wrongful Death Claims Proceed if Criminal Charges Are Filed?

Yes, a wrongful death claim can proceed even if criminal charges are filed against the allegedly responsible party. In fact, wrongful death cases are handled in civil court, while criminal charges are addressed in criminal court. The two processes are entirely separate, and the outcome of one does not necessarily affect the other.

While criminal charges focus on penalizing the defendant for unlawful behavior, a wrongful death claim seeks to compensate the surviving family members for their losses. It is important to note that the burden of proof in a civil case is lower than in a criminal case, meaning that a wrongful death claim may succeed even if the defendant is not convicted of a crime.

What Should Families Consider When Choosing a Wrongful Death Lawyer?

Choosing the right lawyer is critical in pursuing a wrongful death claim. Families should seek a lawyer with substantial experience in handling cases similar to their own. A strong track record of successful outcomes demonstrates the lawyer’s ability to effectively represent clients in wrongful death claims.

Additionally, consider the lawyer’s approach to communication and client support. A wrongful death case is often an emotional and lengthy process, and working with a professional who provides clear explanations and consistent updates can ease some of the stress involved. The Goshen wrongful death lawyers at Wilson & Kinsman, LLC are committed to providing compassionate and professional legal services tailored to the needs of each client.

Goshen Wrongful Death Lawyers at Wilson & Kinsman, LLC Provide Compassionate, Skilled Legal Representation

If you have lost a loved one due to the negligence or misconduct of another party, you may have the right to pursue a wrongful death claim. The Goshen wrongful death lawyers at Wilson & Kinsman, LLC understand the challenges families face during this difficult time and are prepared to provide dedicated legal representation. For a free consultation, call 574-522-1900 or contact us online. Located in Elkhart and South Bend, Indiana, we serve clients in St. Joseph County and throughout the state.

Give us a call!

574-522-1900

Testimonials

Read what our former clients have to say:

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.

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.

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.

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

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.

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

Fought my case relentlessly

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

C.A.