A death is wrongful if it was caused by a wrongful act or “omission of another.” Wrongful death claims often look like personal injury claims and may involve the same type of incidents, like slip and falls, abuse and neglect at nursing homes, or car accidents. Except in a wrongful death claim, the victim of negligence has tragically passed away.
According to Indiana law, if a person dies as a result of a personal injury accident, the spouse, children, parents, or the estate of the deceased may file a wrongful death claim in the name of their loved one. In general, a wrongful death lawsuit assumes that:
- The victim passed away due to the negligence of another
- The victim left loved ones behind
- Their loved ones suffered emotional and monetary losses due to the victim’s passing