Court of Appeals Allows Attorney Fees in Indiana Wrongful Death Lawsuit
Nothing is more devastating than the loss of a child, especially when it occurs because of another person’s negligence, or the failure to use reasonable care.
Recently, the Indiana Court of Appeals ruled that Indiana’s Child Wrongful Death Statute, Indiana Code 34-23-2-1, allows for attorney fees and litigation expenses. This was an issue of first impression for the court and important to plaintiffs for two reasons:
- When attorney’s fees are awarded in addition to the damages award, it means more money goes directly to the plaintiffs, as opposed to attorneys receiving a cut of that damages award. Generally, attorneys in wrongful death or personal injury lawsuits are paid on a contingency fee basis, taking no money upfront but instead accepting a pre-determined portion of the damages if and when the plaintiff wins. If a defendant is ordered to pay those fees separate and apart from the plaintiff’s damages award, the plaintiff is able to keep the full damages they were awarded.