The sudden and untimely death of a loved one is a horrific burden that no person should endure. What makes it even more difficult than a natural death is that we were not able to prepare for it. We still expected to be with our loved one for many years.
We not only deal with their loss but also deal with the shock and confusion that come with losing them unexpectedly. It hurts so much more knowing their death was preventable and wrongful.
When sudden death becomes a wrongful death
Sudden death can happen due to natural causes related to a person’s health or genetic condition. Even young and healthy people die of cardiac arrest and stroke. No one is at fault. A wrongful death in Indiana is when someone dies due to another person’s wrongful act or omission. An omission is negligence or oversight, usually because someone failed to exercise reasonable care when performing their duties. The negligent party is at fault.
Negligence is one of the leading causes of motor vehicle accidents and personal injuries. If the person survived the accident, they could have pursued a personal injury claim for the damages they incurred and the injuries they suffered from the negligent party’s actions or inactions. However, by losing the person we love, we suffer too. We also incur damages from their death. A wrongful death lawsuit can help us deal with those damages.
The damages we must deal with after a wrongful death
Surviving loved ones will plan a funeral and burial for their deceased loved one. If they received medical care, the accumulated medical and hospital expenses are likely steep. We also cannot ignore the psychological and emotional damages of losing the love and companionship of our loved one so suddenly. Although it is hard to put a price on the pain, the person who caused the death should be accountable for all the damages and expenses relating to the death.