If you lost a loved one due to a personal injury caused by another party’s negligence, you may be able to file a wrongful death lawsuit.
The South Bend wrongful death attorneys of Pfeifer, Morgan & Stesiak are here to evaluate your situation to determine if you have grounds for a wrongful death claim in Indiana. If you do, and you decide to proceed, we can manage every aspect of your case as we attempt to recover all of the compensation you are entitled.
Below, we review the factors that determine what these types of claims are worth, from the types of damages available to laws that place caps on damages.
Types of Wrongful Death Damages
There are many types of damages that can be awarded in wrongful death lawsuits, including:
- Reasonable medical costs, if the injury that led to your loved one’s death created medical bills
- Reasonable funeral and burial costs
- Attorney fees from pursuing a wrongful death lawsuit
- Loss of financial support from your loved one, such as wages
- Loss of parental guidance, which is awarded to surviving children who will be impacted by not having the guidance of a parent to assist them with decisions and improving or maintaining their quality of life
- Loss of household services, including performing tasks around the house and taking care of the children
- Loss of love, affection and care, which is often for spouses because they shared their life with the victim
Damage Caps
Another factor in the value of a wrongful death claim is damage caps, which restrict the amount of compensation you can recover. Some types of wrongful death claims have damage caps while others do not.
Wrongful Death Act Claims
In a claim filed under the Wrongful Death Act (WDA), the decedent’s personal representative is attempting to recover compensation for the decedent’s surviving spouse, children and other dependents.
Generally, there is no cap on damages in these types of claims. However, if your loved one’s death was the result of medical malpractice, there is a damage cap of $1,250,000. If your loved one’s death was caused by a government entity, there is a damage cap of $700,000.
Child Wrongful Death Act
This is a wrongful death claim concerning the death of a child who is under 20 years old or under 23 years of age and enrolled in college. There is no cap on damages in this type of claim, unless it involves medical malpractice or a government entity.
Adult Wrongful Death Act
This type of claim is filed when the victim has no spouse or dependents. This act places a cap of $300,000 on non-economic damages, such as loss of parental guidance or loss of love, affection and care. However, the claimant may be able to recover compensation for attorney fees, medical and funeral expenses that exceeds the damage cap.
Contact Our South Bend Wrongful Death Attorneys as soon as Possible
The South Bend personal injury lawyers of Pfeifer, Morgan & Stesiak are prepared to represent your family during this difficult time and fight to recover all of the compensation you deserve for your loss.
Contact us today for your free, no-obligation case consultation. You do not pay legal fees unless we recover compensation for you.
Call (574) 444-0741 and speak to a lawyer about your claim today.
