You Have A Right To Recovery

Legal Support And Help After The Tragic Loss Of A Loved One

There is nothing more difficult than losing someone we love. It can feel like an impossible task to pick up the pieces and move on. Sometimes, we have guilt. Sometimes, we question if there was something we could have done. As attorneys who work with injury and loss, we know that this is a difficult time.

We want to offer you the legal support and information you need to be able to take steps, however small, into tomorrow. In some cases, this means taking legal action to hold someone or an entity accountable. It can also mean doing the work necessary to prevent another tragedy. Wrongful death lawsuits are often an effective means to do both. Here are some answers to common questions we receive. If you do not see the question or answer you need on this page, we offer a free phone or in-person consultation. Call Pavlack Law, LLC at 317-978-9538 to speak to our team about your concern.

How is wrongful death defined in Indiana?

Wrongful death typically means that the actions or inaction of another person or entity was negligent, reckless or meant to do harm. When this harm causes the loss of a life, then a wrongful death lawsuit is often filed.

What must be proven in a wrongful death case?

Negligence and liability are the two things that a case revolves around. Negligence means that someone did something or failed to do something, and this caused harm. Liable means responsible. When the death is caused by an act of nature, then no one can be held liable. When a person did something or failed to do something, then that person or company or their insurer is liable. The five elements of negligence are:

  1. That someone has a duty
  2. That someone breached their duty
  3. That the breach of duty caused an accident or injury
  4. That harm or injury then happened

We can help you determine whether you have a case and what to do next in a free consultation. Learn more on our negligence and premises liability page.

How long do I have to file a wrongful death claim in Indiana?

In most cases, you have two years from the date of death. Please note that it is the date your loved one passed, not the date of the accident or injury.

What types of damages are available to dependents?

While nothing can be done to reverse the tragedy that has happened, the people who depended on the deceased should not have to suffer additionally. We will look at the types of damages that happened after the tragic event but before death, such as ambulances and hospitals and tests. Then we will look at costs that happened after the death, such as funeral and burial costs. We will also look into damages that affect the future, such as loss of income and future income. Emotional losses, such as the loss of a parent or spouse are also considered. We will help you understand your rights and what the full compensation might look like, given your situation.

Talk To Us About What You’ve Been Through

Nothing can undo the past. But steps can be taken to ease the burden of what lies ahead. We are here to help after the loss of a loved one in a preventable accident or event. Please call and set up a time to speak with us: 317-978-9538. If you want to know the answer to a specific question, reach out to us via our online form. Located in Indianapolis, our personal injury attorneys serve clients throughout the Greater Indianapolis area.