October 17, 2024
The loss of a loved one is deeply painful, made more difficult when it is the result of someone else's negligence or wrongdoing. As you face your loss, you might be thinking about filing a wrongful death lawsuit against the person who caused your loved one’s death.
However, you’re already struggling emotionally and financially and don’t want the process to drag on. You may be asking questions like “How long does it take to settle a wrongful death suit?”
At Stracci Law Group, we understand the difficulty of your position, and our experienced wrongful death attorneys are here to provide compassionate support and answers to your legal questions.
What Affects the Timeline of a Wrongful Death Case in Indiana?
While some wrongful death cases in Indiana may be resolved within a few months, others can take several years to conclude. The length of each case depends on a complex web of factors. Sometimes, the process can feel drawn out and unpredictable. However, our lawyers will keep you informed about how your case is progressing and what might be causing setbacks.
These are some of the most common factors that can extend wrongful death cases.
Collecting Evidence of Fault
Proving that someone else’s negligence or wrongful action caused the death is often the most challenging part of a wrongful death case. The plaintiff (the person filing the lawsuit) must provide convincing evidence that the defendant’s actions were the direct cause of the death. This can be a difficult task, especially since the deceased person cannot testify.
Compiling and analyzing evidence such as police and medical records, witness statements, and video footage can take time. Your attorney may also need to consult with accident reconstruction specialists or medical professionals in order to establish a connection between the defendant’s actions and the death.
Calculating Damages
Lawsuits can be filed to seek compensation for the losses suffered by the family of the deceased person or to recover money on behalf of the deceased person’s estate. The compensation awarded by courts in these lawsuits is called “damages.”
A court can award different types of compensation, but economic and non-economic damages are the most common. Calculating these damages may require detailed analysis, testimony, and legal training.
Economic damages are designed to address quantifiable financial losses:
- Medical expenses: This includes all costs associated with medical treatment, such as ambulance rides and hospital stays.
- Funeral expenses: These costs cover funeral arrangements, burial, cremation, and any associated services.
- Lost wages: This compensates for the income the deceased person would have earned if they had lived.
- Loss of future income: If the deceased person was young, their future earnings potential is a significant factor in determining the value of the family’s losses.
Non-economic damages are meant to address intangible losses:
- Pain and suffering: These damages attempt to address the emotional distress and physical pain experienced by the deceased person.
- Loss of companionship: This addresses the family’s loss of love and support from the deceased person.
- Loss of guidance and mentorship: This includes the loss of the deceased person's guidance, advice, and mentorship, particularly if they were a parent.
In order to determine how much to ask for in damages, a wrongful death lawyer will need to collect evidence of the family’s financial and nonfinancial losses. This takes time.
Insurance Negotiations
Once your lawyer has convincing evidence of the other party’s negligence and has calculated an appropriate amount of compensation, the negotiation stage begins.
Your lawyer will likely seek a specific amount from the insurance company representing the responsible party. Insurance companies have a vested interest in settling cases quickly to avoid costly litigation, but they also try to minimize these settlements. This means that your lawyer and the insurance company may take some time to agree on an amount.
Here are some factors that prolong wrongful death claim negotiations:
- Disputes over liability: The insurance company may argue that the deceased person’s actions contributed to the accident or that the accident was unavoidable.
- Differences in valuation: Each side might disagree on the amount of medical expenses, the value of lost wages, or the extent of the deceased’s pain and suffering.
- Multiple parties: If there are multiple parties involved, each party may try to assign blame to the others.
A case with very clear evidence that the defendant was to blame is likely to be settled more quickly. In contrast, suppose that a case is filed after a truck accident that involved a negligent trucking company, a careless driver, and a defective vehicle. Because of the multiple parties who may each be partly to blame, the negotiation stage may take longer.
Complex Cases
Some wrongful death cases involve intricate legal issues, numerous parties, or disputed facts. Here are some specific factors that can make a case take longer:
- Multiple defendants: These cases may require separate negotiations with multiple insurance companies.
- Type of defendant: Cases involving a government entity, for example, can be more complicated and require more extensive legal research and analysis.
- Type of case: Certain legal issues, such as product liability or medical malpractice, may take longer to resolve.
- Failed negotiations: If a settlement cannot be reached, the case might go to trial, which can add several months or even years to the process.
When we take on your case, we’ll look for and discuss any potential factors that could lengthen the timeline.
Litigation and Appeals
If negotiations fail, the case may proceed to litigation, which involves filing a formal lawsuit. The lawyers will then be granted a period of time to exchange and gather information. They also might file motions to address legal concerns. Often, a settlement is reached at this stage, and the plaintiff drops the lawsuit.
In other cases, the lawsuit will proceed to trial. A judge or jury will hear evidence presented by both sides and determine whether the defendant was responsible for the death and what damages should be awarded to the family.
Depending on how busy the courts are, the trial could take a very long time. And even after it concludes, one party might appeal the case and ask for it to be tried in a higher court. If the appeal is accepted, the higher court will review the lower court’s decision and have the opportunity to reverse or modify the judgment.
How Does a Wrongful Death Lawsuit Work?
When a person's death is caused by the negligence or wrongful act of another person, that person might face a wrongful death lawsuit. These are some hypothetical examples:
- A pedestrian is struck and killed by a driver who ran a red light.
- An anesthesiologist makes a serious medical error during surgery.
- A landlord knows about and fails to fix a broken elevator, and a tenant is killed.
The lawsuit will be filed by the personal representative of the deceased person’s estate, sometimes known as the “executor.” This person is empowered to act on behalf of the deceased. They may be a family member, another person named in the will, or someone appointed by the court to manage the estate’s affairs.
This personal representative might be one of the beneficiaries of the wrongful death lawsuit, but sometimes they are not.
Who Gets the Money in a Wrongful Death Lawsuit in Indiana?
Indiana law specifically defines who can benefit from wrongful death claims. Compensation in these claims is meant to help certain family members deal with the financial and emotional consequences of their loss. The following beneficiaries may be eligible to receive compensation.
Surviving Spouse
The deceased person's spouse is often the beneficiary. They might receive compensation to cover any financial losses related to the death, such as medical expenses, funeral costs, lost wages, and loss of future income.
Parents
Parents can sometimes file a wrongful death lawsuit after a younger child dies. They can sue the responsible party if their child was under 20 or was under 23 and enrolled in college or technical school when they died.
Dependent Children and Relatives
The deceased person’s dependent children are typically eligible to receive compensation. This includes both minor children and adult children who were financially dependent on the deceased parent. Other dependent relatives may also be eligible for compensation, such as parents who received most of their financial support from an adult child.
Wrongful Death Lawsuit Statute of Limitations in Indiana
There is a strict deadline for filing a wrongful death lawsuit. This deadline is known as the “statute of limitations” and is designed to ensure that lawsuits are filed within a reasonable time frame.
In Indiana, this statute of limitations is two years from the date of the person's death. There are some exceptions. For example, actions filed against government agencies may have shorter deadlines.
Because of the statute of limitations, you have a limited time to take action. Schedule a free consultation with a wrongful death attorney at Stracci Law Group by calling 219-525-1000 today. We’ll get to work on your case before it’s too late.
Seek Legal Guidance Today from Stracci Law Group
After your loved one has died, the emotional toll, legal barriers, and financial burdens can be unbearable.
A dedicated wrongful death attorney can help with your legal and financial burdens so you can take the time you need to grieve. If you’ve recently experienced the loss of a loved one due to someone else’s negligence or wrongful action, turn to Stracci Law Group.
Our personal injury attorneys have years of experience representing families like yours in wrongful death cases. We are available to answer your questions, provide guidance, and explore your legal options. Contact us today for a free consultation.
