Indianapolis Wrongful Death Attorneys

Wrongful death is the legal term for the death of one person when caused by another. The death may be caused by actions or inactions (neglect). Legally, wrongful death is a civil action rather than a criminal action, the civil term encompassing the criminal terms murder, manslaughter, etc. Since the decedent (the person killed) cannot file suit or collect damages, the surviving family or other representatives do so. The intent of a wrongful death suit is the recification of the wrong which lead to the death. The family members who have suffered monetarily and emotionally as a result of the death may recieve compensation for damages; damages may be assigned punitively, as well. Potentially, damages may be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.

In a wrongful death suit, a defendant can be held responsible for a death only if it can be proven that the defendant's conduct caused the death. Stated another way, it must be proven that the death would not have occurred without the defendant's action (or inaction, in the case of negligence). Time is not necessarily a factor; as long as proof of cause can be offered, it matters little how much time passed between the actions of the defendant and the death of the decedent.

Responsibility is not always assigned in entirety. In some cases, the decedent may be found to be partially responsible for his/her own death. This is called comparative or contributory negligence, the applicability and details of which differ according to state laws. One example of such laws leads to damages being awarded based on the percentage of negligence/responsibility assigned to the decedent and defendant. Failure of the decedent to seek medical care may void the defendant's responsibility in a wrongful death suit.

While different states use different methods to decide who may file a wrongful death suit and who may recover damages, there are generally three criteria:

The death must be shown to be caused by another's wrongful act.

The "wrongful act" was of such a nature that the decedent, if not killed, would have been due damages from the act.

Monetary damages did arise from the act.

In most cases, if these three criteria can be met, a wrongful death claim is warranted.

An important function of wrongful death law is the assessment of damages to compensate family members for their loss. Because damages can be awarded in a number of areas, it is important to examine each one carefully:

The most obvious loss or damage in a case of wrongful death is the actual expense incurred through medical and death expenses. These are usually easy to determine and document.

Another financial loss, less obvious but equally important, is the loss of the future earnings and benefits of the decedent. These numbers are speculative and therefore more difficult to calculate, but of great importance to survivors for whom the decedent was financially responsible.

Loss of companionship is the emotional impact of the death, in the short- and long-term. It is of a different nature than the financial losses already mentioned. As a subjective experience, it is very difficult to calculate and does not lend itself to empirical measurements. However, it is the best system currently in existence for compensating survivors for their pain.

Finally, wrongful death cases may result in the assignment of punitive damages. These are damages awarded specifically to punish the defendant for wrongdoing, rather than to compensate for a type of loss. These types of damages are less common, and are typically awarded only when the action of the defendant is determined to have been intentional or grossly negligent.

If you or a loved one is in need of legal assistance, call C. Dennis Wegner & Associates at (317) 576-0066 or toll free (800) 266-LAWS or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

Airplane Accidents Boating Accidents Cerebral Palsy Spinal Cord Injury Medical Malpractice Construction Accidents DUI Law Motor Vehicle Accidents Traumatic Brain Injury Hazardous Products Tort Drug Litigation Personal Injury Premises Liability Railroad Accidents Wrongful Death Nursing Home Abuse	Indianapolis Wrongful Death Attorneys Wrongful death is the legal term for the death of one person when caused by another. The death may be caused by actions or inactions (neglect). Legally, wrongful death is a civil action rather than a criminal action, the civil term encompassing the criminal terms murder, manslaughter, etc. Since the decedent (the person killed) cannot file suit or collect damages, the surviving family or other representatives do so. The intent of a wrongful death suit is the recification of the wrong which lead to the death. The family members who have suffered monetarily and emotionally as a result of the death may recieve compensation for damages; damages may be assigned punitively, as well. Potentially, damages may be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma. In a wrongful death suit, a defendant can be held responsible for a death only if it can be proven that the defendant's conduct caused the death. Stated another way, it must be proven that the death would not have occurred without the defendant's action (or inaction, in the case of negligence). Time is not necessarily a factor; as long as proof of cause can be offered, it matters little how much time passed between the actions of the defendant and the death of the decedent. Responsibility is not always assigned in entirety. In some cases, the decedent may be found to be partially responsible for his/her own death. This is called comparative or contributory negligence, the applicability and details of which differ according to state laws. One example of such laws leads to damages being awarded based on the percentage of negligence/responsibility assigned to the decedent and defendant. Failure of the decedent to seek medical care may void the defendant's responsibility in a wrongful death suit. While different states use different methods to decide who may file a wrongful death suit and who may recover damages, there are generally three criteria: The death must be shown to be caused by another's wrongful act. The "wrongful act" was of such a nature that the decedent, if not killed, would have been due damages from the act. Monetary damages did arise from the act. In most cases, if these three criteria can be met, a wrongful death claim is warranted. An important function of wrongful death law is the assessment of damages to compensate family members for their loss. Because damages can be awarded in a number of areas, it is important to examine each one carefully: The most obvious loss or damage in a case of wrongful death is the actual expense incurred through medical and death expenses. These are usually easy to determine and document. Another financial loss, less obvious but equally important, is the loss of the future earnings and benefits of the decedent. These numbers are speculative and therefore more difficult to calculate, but of great importance to survivors for whom the decedent was financially responsible. Loss of companionship is the emotional impact of the death, in the short- and long-term. It is of a different nature than the financial losses already mentioned. As a subjective experience, it is very difficult to calculate and does not lend itself to empirical measurements. However, it is the best system currently in existence for compensating survivors for their pain. Finally, wrongful death cases may result in the assignment of punitive damages. These are damages awarded specifically to punish the defendant for wrongdoing, rather than to compensate for a type of loss. These types of damages are less common, and are typically awarded only when the action of the defendant is determined to have been intentional or grossly negligent. If you or a loved one is in need of legal assistance, call C. Dennis Wegner & Associates at (317) 576-0066 or toll free (800) 266-LAWS or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.