Attorneys with personal injury practices represent individuals and estates in wrongful death claims. From establishing the right to sue to proving damages, lawyers invest substantial time and resources in these complex cases. If someone you love has been fatally harmed, here are the elements you’ll encounter as you try to obtain compensation.

What’s Involved in Wrongful Death Claims?

1. The Right to Assert a Claim

Indiana law only allows the personal representative of the deceased person’s estate to bring action for wrongful death, including spouses, parents, siblings, or an adult child of the decedent. Relatives who don’t qualify can still share in the recovery of damages. When children pass away, their parents can file suit even if they are not the personal representatives of the estate. 

2. Negligence 

While some wrongful death claims arise from intentional acts, many are based on someone’s negligence. When a doctor commits medical malpractice by failing to diagnose a patient’s illness and the person dies as a result, or a driver’s inattention causes an automobile accident that kills a pedestrian, wrongful death claims can arise.  

3. Damages

Special and general damages can both result from wrongful death cases. The first have specific values that are easy to prove, such as medical costs, funeral expenses, and property damage. The latter amounts are more difficult to convey because they are not quantifiable, like the individual’s pain and suffering before passing away, the value of the person’s life, and the loss of the relationship to the surviving spouse, parents, and children.

If you’ve lost a loved one due to another’s recklessness, turn to the Law Offices of Charles P. Dargo, PC, in Northwest and Central Indiana. Their attorneys are experienced in pursuing wrongful death claims stemming from automobile accidents, medical malpractice, and other negligent acts. They offer quality counsel and aggressive representation to secure the most favorable outcome. To learn more about their practice, visit the firm online. Call (800) 955-3228 to schedule a free consultation today.