Law & Society

The wrongful act may be intentional, such as an intentional homicide or murder. More commonly, it is caused by the negligent act of another. The heirs of the person killed wrongfully have a right to file a civil action for monetary damages.

Many thousands of people are killed due to the wrongful act of another every year. According to the National Highway Transportation Authority, more than 30,000 people are killed in motor vehicle accidents. By some estimates, 98.000 to 195,000 die due to medical malpractice annually.

Workplace accidents, unsafe premises and unsafe products may kill thousands more annually.

Wrongful death actions

When a person has been killed due to the wrongful actions of another, the heirs of the decedent have a right to file a wrongful death action in an appropriate court. If an estate has been opened for the decedent, the personal representative of the estate, appointed by the court, will file the lawsuit.

If no estate has been opened, some states allow the lawsuit to be brought by the heirs at law. If dependents of the decedent, they may be entitled to lost income of the decedent, loss of love and society, medical expenses incurred and other damages.

Every state will have statute of limitations, or a legal deadline in which a lawsuit must be filed. In Indiana, the typical statute of limitations is 2 years from the date of death. An experienced Indiana wrongful death attorney should be consulted at the earliest opportunity to determine the specific statute of limitations.

Burden of Proof in a Wrongful Death Action

Whether a personal representative of an estate or the heirs at law bring a lawsuit, they will have to burden to prove that the death of the decedent was caused due to the wrongful act of another. They will be required to show that the act causing the death was either intentional or negligent. To show negligence, they must show the party causing the death failed to use reasonable care under the circumstances.

In most cases, an autopsy must be performed to determine the exact cause of death and to eliminate death by natural causes. An autopsy is especially important in cases of medical malpractice or death caused by an unsafe product. The decision to have an autopsy is usually a difficult decision to make for a grieving family.

In addition to an autopsy, evidence of the surrounding circumstances at the time of death is also vitally important. The location and statements of witnesses, forensic evidence and medical records need to be compiled at the earliest opportunity.

An experienced wrongful death attorney can investigate the circumstances surrounding the death to determine whether the death was due to a wrongful act, and whether a lawsuit can be filed.