South Bend Wrongful Death Lawyers

Losing a loved one is one of the most devastating experiences anyone can go through, especially when that loss could have been prevented. If the death of your family member was the result of someone else’s negligence or intentional actions, you may be entitled to seek compensation through a wrongful death claim. At Wilson & Kinsman, LLC, we understand the emotional and financial toll that such a loss can bring, and we are here to provide compassionate legal representation to guide you through the legal process.

What Is Wrongful Death?

In Indiana, a wrongful death occurs when the negligence, recklessness, or intentional misconduct of another person, company, or entity causes someone’s death. This may include fatal accidents resulting from car crashes, workplace injuries, medical malpractice, defective products, and more. Indiana law allows the surviving family members of the deceased to file a wrongful death lawsuit to hold the responsible party accountable and seek compensation for their loss.

Who Can File a Wrongful Death Claim in South Bend?

Under Indiana law, only certain individuals are allowed to file a wrongful death claim. Typically, the following parties may file a lawsuit:

• Surviving Spouse: If the deceased was married, their spouse can file the claim.

• Children: Children, including adult children, may file if they are the survivors of the decedent.

• Parents: If the decedent was unmarried and had no children, the parents may have the right to file a claim.

• Estate Representatives: If the deceased had no surviving family members, an estate representative may file the claim on behalf of the deceased’s estate.

A South Bend wrongful death lawyer can help you determine your eligibility and the best course of action for pursuing a claim.

What Are the Common Causes of Wrongful Death in South Bend?

Wrongful death can occur under a variety of circumstances. Some of the most common causes include:

• Car Accidents: Traffic accidents, often caused by reckless or distracted driving, are among the leading causes of wrongful death. Whether it’s a collision with a negligent driver or a fatal motorcycle crash, families can experience significant emotional and financial hardship.

• Workplace Accidents: Construction sites, factories, and other hazardous work environments can lead to tragic fatalities. If an employee dies due to unsafe working conditions, faulty equipment, or employer negligence, the family may have grounds for a wrongful death claim.

• Medical Malpractice: Healthcare providers have a duty to deliver safe, competent care. When they fail in this duty and cause a patient’s death through negligence or errors, such as surgical mistakes or misdiagnosis, a wrongful death claim can be filed.

• Defective Products: Dangerous or defective products can lead to fatal injuries. Manufacturers, designers, and distributors may be liable for wrongful death when a product causes harm, such as a car defect, dangerous medication, or faulty consumer goods.

• Premises Liability: Property owners are responsible for maintaining safe premises. If an individual dies due to a hazardous condition on someone’s property, such as slip and fall accidents or poorly maintained structures, a wrongful death claim may be appropriate.

• Criminal Acts: In some cases, wrongful death results from a criminal act such as assault, battery, or homicide. While the criminal justice system may address criminal charges, surviving family members can pursue a wrongful death lawsuit for financial compensation.

What Can You Recover in a South Bend Wrongful Death Claim?

The damages you can seek in a wrongful death claim are meant to compensate for economic and non-economic losses. In Indiana, the following types of damages may be available:

• Funeral and Burial Expenses: Costs related to your loved one’s funeral, burial, or cremation.

• Medical Expenses: Medical bills and expenses related to the decedent’s final illness or injury.

• Loss of Financial Support: Compensation for the income your loved one would have contributed to your household, including lost wages and benefits.

• Loss of Companionship and Emotional Distress: Compensation for the emotional pain and suffering you experience due to the loss of your loved one.

• Loss of Services: If the decedent performed significant household or family services (childcare, cooking, maintenance, etc.), you may be entitled to compensation for this loss.

• Punitive Damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the defendant and deter similar behavior.

The specific damages awarded will vary depending on the facts of your case and the relationship between you and the deceased.

How Long Do You Have to File a Wrongful Death Claim in South Bend?

In Indiana, the statute of limitations for filing a wrongful death claim is generally two years from the date of the death. You may lose your right to pursue a claim if you do not file within this time frame. It’s essential to consult with an experienced wrongful death lawyer as soon as possible to ensure that your case is handled promptly and within legal deadlines.

Why You Need an Experienced Wrongful Death Lawyer

Navigating the wrongful death claim process can be complex, especially when dealing with the emotional aftermath of losing a loved one. An experienced attorney can help you:

• Investigate the cause of death: A wrongful death lawyer can gather evidence, consult with experts, and investigate the circumstances surrounding the death to determine liability.

• Handle negotiations: Insurance companies may offer settlements that don’t fully compensate for your losses. An attorney can negotiate on your behalf to ensure that your claim is valued appropriately.

• Litigate in court: If necessary, your lawyer can represent you and fight for the justice your family deserves.

At Wilson & Kinsman, LLC, we believe that every family deserves a voice in the legal process after a wrongful death.

Contact the South Bend Wrongful Death Lawyers at Wilson & Kinsman, LLC for a Free Consultation

If you have lost a loved one due to someone else’s negligence, the compassionate and experienced South Bend wrongful death lawyers at Wilson & Kinsman, LLC are here to help. We will review the details of your case, explain your legal options, and work with you to pursue the justice and compensation your family deserves. To schedule a free consultation, call us at 574-522-1900 or contact us online. Located in Elkhart and South Bend, Indiana, we serve clients in Goshen, Mishawaka, Granger, Osceola, Bristol, and La Porte.