Who is Entitled to Wrongful Death Benefits?

June 8, 2024 / Wrongful Death

Victims of wrongful death are those who die because of another party’s reckless or intentional actions or negligence. While offenders may face criminal charges for that wrongful death, the victim’s surviving family can also file a civil case, demanding that the offender pay wrongful death benefits – financial compensation – for their loved one’s death.

When someone you love is the victim of a wrongful death, reach out to Stephenson Rife LLC to connect with a caring, experienced Indiana wrongful death lawyer. Our team will work to hold the responsible party accountable for compensating you and your family members for the loss of your loved one and the consequences of that untimely death.

Wrongful Death Benefits Explained

When a person is injured in an accident caused by someone else’s negligence but survives, they can seek compensation for their injuries and losses by holding the negligent party financially accountable. Should a victim die because of the accident or the ensuing injuries, wrongful death claims provide a path to justice for the deceased and their surviving family members.

Wrongful death benefits can provide recovery of related medical costs, funeral expenses, lost income and contribution to the household, and loss of relationship and affection. They offer a measure of justice acknowledging not only the financial “worth” of the victim but also recognizing the injustice of the life’s being unnecessarily and tragically lost.

Parties Eligible for Wrongful Death Benefits

When an adult is the victim of a wrongful death, a “personal representative” must file the wrongful death claim under Indiana’s wrongful death laws. Typically, the personal representative is the executor of the deceased’s will. The courts will appoint one if the deceased did not name a personal representative.

Personal representatives file on behalf of the victim’s surviving family. The family members are the parties entitled to the potential benefits. If the deceased had a spouse, dependent children, or dependent next of kin, those family members receive the benefits.

When the deceased adult does not leave behind a spouse or dependents, the law allows for distribution to other parties. For example, distribution may be made to those providing hospitalization and medical services related to the accident causing the injuries, the funeral director or home, or attorneys. Once those expenses are covered, the remaining damages can go to nondependent parents or children.

When the Victim Is a Child

Indiana law includes other specifications if the victim of the wrongful death is a child. Under the law, the term “child” refers to:

• An unmarried person without dependents and under the age of 20
• An unmarried person without dependents and under age 23 who is enrolled in a post-secondary educational institution
• A “fetus that has attained viability.”

The law allows for the deceased’s parents to file a wrongful claim jointly, or one can file and name the other as a co-claimant. If the parents are divorced, the custodial parent can file, and if the child was under a guardian’s care, that guardian can file. If the adult with custody of the child has died, the court will appoint a personal representative to file the claim.

Damages claimants may collect include loss of the child’s services, love and companionship, coverage for related medical care, end-of-life costs, counseling and psychiatric care for surviving family, the child’s uninsured debts, including those the parents are obligated to pay, and administrative fees.

Help from an Indiana Wrongful Death Attorney is Critical

An untimely death, whether caused by negligence or intentionally, creates a storm of emotions for the surviving family. Trusting your case to the compassionate, experienced wrongful death attorneys at Stephenson Rife LLC will help protect you from adding legal turmoil to that storm. We will work to prove your loved one’s death truly is a wrongful death and ensure you are treated justly under Indiana’s complicated wrongful death laws. Our team will manage all legalities so you and your family can grieve and heal without the additional stress of navigating nuanced laws or legal disputes.

It is essential to secure representation as soon as possible following your family member’s death. Indiana has a two-year statute of limitations for filing wrongful death claims, and the sooner our team has access to your case, the sooner we can bring it to a close.

Personalized, Driven, Resourceful Representation

The Indiana wrongful death attorneys at Stephens Rife LLC are ready to help. We understand your suffering and are driven to fight hard to secure the best results. However, we always remember that our clients are people, not case numbers, and we give every client personalized, empathetic attention. Reach out for a free case review to start moving toward justice and healing today.