Wrongful Death Lawyers Serving Merrillville & Valparaiso Areas
The wrongful death lawyers at Sarkisian Personal Injury Lawyers serve clients in Indiana and Illinois. Their offices are located in Lake County and Porter County, Indiana.
Nothing is more devastating to a family than the loss of a parent, spouse, or child that occurs because of the negligence of others.
Having represented grieving families of those killed by negligent acts, the attorneys at Sarkisian Personal Injury Lawyers know that legal action can never truly compensate for such a loss.
However, the state of Indiana has made provisions to help protect families in these cases by requiring wrongdoers to take responsibility for the deaths they cause.
So, while there is no way to replace a loved one when they have been killed by the negligence of another, Indiana law does give survivors certain protections in these types of cases. You may be able to seek compensation for the losses you have suffered as a result of your loved one’s death.
At Sarkisian Personal Injury Lawyers, we work to protect the rights of the survivors, to help preserve the quality of life that they once enjoyed.
Definition Of Wrongful Death
A death can be defined as “wrongful” when a person’s negligent actions caused a tortious injury that resulted in another individual’s death.
A claim for wrongful death damages can only be brought forward by the victim’s close relatives, also called survivors. This includes the victim’s spouse, children, or other close relatives who can be considered a dependent of the victim.
A wrongful death claim must be filed within a certain period of time after the victim’s death. This is called the statute of limitations, and in Indiana, this time frame is generally two years.
Accidents That Can Cause A Wrongful Death
Almost any accident can cause death. The most common accidents to result in wrongful death include but are not limited to:
Proving Fault In A Wrongful Death Claim
In order to successfully file a wrongful death claim in Indiana, several things must be able to be proven.
First, you must prove that the defendant owed a duty of care to the victim.
Duty Of Care Definition
A duty of care exists in certain relationships where one person has an obligation to adhere to certain standards of conduct in order to protect another person from harm.
In order to successfully pursue a wrongful death claim, you must illustrate to the court that the defendant in the case owed a duty of care to the victim as a result of the relationship between them.
Other examples of relationships where a duty of care is owed include:
- Doctor-patient relationships
- Store owner or manager-customer relationships
- Landlord-tenant relationships
An experienced attorney can help you determine if the person responsible for the death of your loved one owed a duty of care to them, and he can help you move on to the next step of bringing forward a wrongful death claim in Indiana.
Second, you must prove that the defendant breached the duty of care.
Once you have proven that the defendant owed the duty of care, you must then prove that it has been breached.
A breach in the duty of care can occur when a person who owes the duty neglects or refuses to provide that care.
Third, you must prove that the breach in the duty of care directly resulted in the harm or death to the victim.
This is called causation, and you must be able to illustrate to the court that the breach in duty of care directly caused the death of the victim.
Evidence is crucial in proving causation, and an attorney can help you gather the necessary medical records to illustrate your case.
Fourth, you must be able to prove damages.
The last thing that must be proven in a wrongful death claim is damages. This means that you suffered damages as a result of the victim’s death such as loss of love, care, affection and financial support.
By consulting with an experienced Indiana wrongful death lawyer, you can gather all the information needed to prove to the court that you suffered damages as a result of the death of your loved one.
Contact Sarkisian Personal Injury Lawyers Today
At Sarkisian Personal Injury Lawyers, we know that no amount of money can ease the pain of losing a loved one.
However, we also know that there is a great deal of expenses that come with the unexpected death of a family member that arose from an accident, including medical bills, lost wages, and funeral expenses.
Our attorneys are committed to providing the families of wrongful death victims with caring and compassionate legal representation during such a difficult time.
Don’t let the unexpected death of a loved one that was caused by the negligence or carelessness of another person go without justice.
You and your family deserve closure after such a life-changing event, and our lawyers can help guide you through the process of making sure that the person or company responsible for your loved one’s death is held responsible for their actions.
Contact our offices today to schedule a consultation to discuss your legal needs with a veteran wrongful death lawyer in Indiana. We are available now to speak with you at 219-733-8904.