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Wrongful Death

Who Can File an Indiana Wrongful Death Lawsuit?

Posted Jan 23, 2021 by Matt Boulton

Attorney Matt Boulton founded the Boulton Law Group to provide Hoosiers with a firm that treats people like family. And nowhere is Matt’s personal approach more important than when helping his clients with a wrongful death lawsuit.

For some people, taking the first step toward filing a wrongful death lawsuit might sound uncomfortable or confusing. Matt has helped Hoosiers with a variety of questions that surround these complex cases.

Sometimes he speaks with family members that have concerns about what others might think. Other times he counsels people who are worried they may be unable to afford to pursue the case. Many times, he simply answers a common question: “Who has the legal right to file an Indiana wrongful death lawsuit?”

Who Can File an Indiana Wrongful Death Lawsuit?

Indiana, like every other state in the U.S., has a unique set of laws that dictate who has the legal right to file a wrongful death lawsuit on behalf of a loved one. (Indiana Code 34-23 contains a detailed description of the state’s wrongful death laws.)

Wrongful Death of an Adult

In the event that the deceased is an adult, Indiana requires a personal representative to file on behalf of the person’s estate and family members.

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In many instances, the personal representative filing on behalf of a deceased adult is one of the following:

  • A wife or husband who has lost their spouse.
  • Adult child of the deceased, including adopted children.
  • Sibling.
  • Parent.
  • Other dependents of the deceased.

While the personal representative will file on behalf of the estate, the courts generally award any recovered compensation to family members.

Wrongful Death of a Child

For the purposes of an Indiana wrongful death lawsuit, the state defines a “child” as the following:

(a.) an unmarried individual without dependents who is:

(1) less than twenty (20) years of age;  or

(2) less than twenty-three (23) years of age and is enrolled in a postsecondary educational institution or a career and technical education school or program that is not a postsecondary educational program.

If the case involves a child, Indiana generally allows the following individual(s) to bring a suit:

  • One or both of the child’s parents.
  • The parent with legal custody if the child’s parents are divorced.
  • The legal guardian if the child’s parents are deceased or have last their parental rights.

In either instance, the spouse, parent, child, guardian, or personal representative of the estate should always consult with an experienced Indiana wrongful death attorney so the details of the case are fully explained and understood.

Common Types of Indiana Wrongful Death Lawsuits

While any number of scenarios can result in the death of a loved one, it’s imperative that you understand your legal rights with regard to the incident.

Matt and his professional legal team have consulted with families throughout Indiana on a variety of fatal accidents, including:

No matter the type of accident, Matt cautions families to be selective when reaching out for legal advice.

Specifically, we believe it is important for you to consult with an attorney who focuses exclusively on Indiana personal injury law.

Boulton Law Group’s practice is 100% dedicated to the representation of Indiana’s accident victims.

If you have lost a loved one in an accident that could and should have been prevented, you need to speak with our knowledgeable wrongful death attorneys immediately.

Schedule a free consultation today to discuss your legal options for pursuing the compensation your family needs to move forward.

Questions About an Indiana Wrongful Death Lawsuit? Talk to Matt.

Matt has 20+ years’ experience helping Hoosier families navigate Indiana’s wrongful death laws.

In addition to his track-record of professional success, clients often cite his compassion and empathy as having been a major asset while they mourned the loss of a loved one.

We understand that no amount of compensation can replace the loss of your loved one, however, pursuing a wrongful death lawsuit often helps in other ways, such as bringing justice and a sense of closure.

In addition to helping family members with the grieving process, a wrongful death lawsuit can also serve as a preventative measure for others.

Part of Boulton Law Group’s client-first approach includes a Zero Fee Guarantee. This means you and your family will never be charged for wrongful death legal advice, and you owe our firm nothing until we win the case on behalf of your loved one.

To speak with Matt today, call direct at 317-350-2680. If you prefer to write to us with the details of your loved one’s story, please fill out our confidential contact form. Matt personally reviews every web contact submitted through our website.

Matt Boulton

Author Matt Boulton

Attorney Matt Boulton is an award-winning personal injury attorney with more than 25 years of experience helping seriously injured people throughout Indiana. He designed his firm for the client who expects exceptional service and passionate, successful legal representation.

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