Northwest Indiana Wrongful Death Attorneys
Have You Lost A Loved One? We Can Help.
Coping with the loss of a loved one, combined with the stress of a legal battle, can be an impossible circumstance to bear on your own. That is why Theodoros & Rooth, P.C., represents clients in wrongful death lawsuits across Northwest Indiana. Our Merrillville wrongful death lawyers have more than 110 years of experience in personal injury law and are dedicated to holding negligent parties responsible for their actions that have resulted in the loss of life. We have handled wrongful death lawsuits related to:
- Car accidents
- Truck accidents
- Construction accidents
- Medical malpractice
- Nursing home negligence
- Defective products
- Work-related accidents
- Criminal attacks
Our team is sensitive to your needs throughout your case. We want you to feel comfortable working with us from the very beginning, which is why we offer free initial consultations for all prospective cases. We invite you to come to our Merrillville office to meet our wrongful death lawyers in Merrillville and experience the supportive environment we foster to help clients feel at ease.
What Qualifies As Wrongful Death?
Wrongful death is defined by Indiana law in Indiana Code 34-23-1. This statute defines wrongful death as “a death of an individual caused by the wrongful act or omission of another.” In other words, an individual’s failure to act in a way that they should, or their wrong actions, led to the death of another individual.
One thing to keep in mind is that a civil wrongful death claim is not the same as a criminal wrongful death case. Individuals may pursue a wrongful death lawsuit against a responsible party even if there were no criminal charges filed against them.
Who Can File A Wrongful Death Claim In Indiana?
While damages can be awarded to a spouse, children or other dependents of the deceased, it is a personal representative of the deceased’s estate who is permitted to file a wrongful death claim according to Indiana law. When a wrongful death claim involves the death of a child, a claim must be filed by one or both of the child’s parents. In cases where parents are divorced, the claim must be filed by the parent who has custody. In some cases, a legal guardian of a child may also file a claim.
In all cases, the time limit to file a claim before the statute of limitations runs out is the same, two years. This means you have two years from the date of your loved one’s passing or you will most likely not be eligible to file a claim. If you have any questions concerning the statute of limitations or who is permitted to file a claim, contact our office today. Our attorneys are ready to fight for you!
Compensation Unique To Wrongful Death Claims
It is important to look for an attorney who has specific experience handling wrongful death claims in the Indiana justice system. While those who file wrongful death lawsuits can seek damages for lost wages, loss of earning capacity, pain and suffering, and other tangible and intangible losses, they may also be entitled to seek compensation for:
- Loss of love, affection and companionship
- Loss of benefits, such as medical insurance
- Loss of protection and guidance
- Funeral costs
The wrongful death attorneys of Theodoros & Rooth, P.C., in Merrillville, take these factors into consideration when filing a lawsuit. If the opposing party does not offer a settlement that adequately addresses all your losses, we go to court to pursue the compensation you deserve.
How Do You Win A Wrongful Death Lawsuit?
In order for a wrongful death lawsuit to be successful, you must be able to prove the following:
- That the responsible party owed a duty of care to the deceased
- That the responsible party failed to uphold that duty of care or breached it in some way
- That the breach of duty directly led to the individual’s death or injuries
- That you (the surviving family members) have suffered damages (whether financial or emotional) as a result of your loved one’s death
We know nothing can replace your loved one – but we will do our best to offer our compassionate care and knowledgeable counsel to shield your family from additional suffering due to financial difficulties.