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Wrongful Death Lawyers
Wrongful death generally means a lawsuit is filed when the wrongful conduct of a person or entity results in the death of another person. Like personal injury, this area of tort can involve every area of tort practice – from premises liability or trucking disasters to dangerous products on the market – but your first step should be to consult with an experienced wrongful death attorney. One of our Chicago wrongful death lawyers will help determine, first, who is the personal representative authorized to bring a lawsuit on behalf of the estate of a deceased person against the persons or entities responsible for the victim’s death.
Unlike a personal injury case, where the injured person is one of the plaintiffs, in the case of a wrongful death action, the family members bring the lawsuit for the wrongful actions. Oftentimes, it is the victim’s surviving spouse, children, beneficiaries or dependents who are the plaintiffs and are entitled to monetary damages that result from the victim’s death. Generally, lawsuits are allowed under survival statutes which allow a victim’s survivors to bring a cause of action after the victim dies.
Laws in Indiana, and in all states, govern the time frame in which a wrongful death lawsuit may be filed. Depending upon both the plaintiffs and the defendants involved, the deadlines vary. Anyone with a potential case should consult an experienced wrongful death law firm like the attorneys at Young and Young to determine what law or laws apply to them.
Various types of monetary damages may be recovered, and an experienced Indianapolis wrongful death lawyer can assess the merits of the case as well as the potential damages, including loss of companionship, sorrow and grief, which may be sought in such an action. For example, it is common to take the victim’s earnings at the time of his or her death and calculate the remaining years that person was expected to live to determine future lost earnings using life expectancy tables as well as experts who figure what is known as present cash value and the investment value of that money. The decedent’s will must also be examined. Experienced wrongful death attorneys can determine whether punitive damages are available. These damages are meant to punish a defendant for intentional or egregious conduct.
As long as Young and Young are your wrongful death attorneys, you will not be charged a fee unless you receive compensation. If you're ready to take action to obtain justice - to fight for the full, fair and complete compensation you deserve, please contact our Indianapolis-based team of personal injury attorneys today.