Facts About Indiana Wrongful Death Court Procedures

Here in the Hoosier State, when a person or entity’s (store, manufacturer, company, etc.) negligence causes someone to lose their life, relatives or legal representatives of the victim may have grounds to bring about a wrongful death claim against the negligent party. For example, if a child wanders off and drowns in a nearby pond while under the supervision of a daycare agency, the parents or guardians of the child may file a wrongful death claim against the daycare provider.

Continue below to learn more about Indiana wrongful death court procedures and how to get started on your personal injury claim today.

Wrongful Death Lawyers Indianapolis IN 317-881-2700
Wrongful Death Lawyers Indianapolis IN 317-881-2700

Wrongful Death Cases in Indiana

When a person is wrongfully killed in an accident, nothing can take away the pain and suffering of those closest to the victim. But by obtaining a settlement in the form of compensation, it can make the grieving process easier and help families get their life back to a new normal. Indiana tort law allows a wrongful death victim’s family to seek compensation for damages and losses like medical expenses, hospital bills, lost wages from missing work, pain and suffering, loss of consortium, emotional trauma, and more. It is important to consult with a seasoned Indiana personal injury lawyer to learn more about pursuing a wrongful death claim on behalf of your loved one.

Who Can File a Wrongful Death Claim?

Those who may serve as the plaintiff in an Indiana wrongful death claim include parents, legal guardians, next of kin, legal representatives of the deceased, or the estate of the deceased. Claims for the wrongful deaths of children can only be brought about by parents or legal guardians. If a wrongful death victim had many beneficiaries, the Indiana courts will adjudicate the division of the any awarded settlement or verdict. Contact an Indianapolis accident lawyer to better understand your eligibility or rights to recovering compensation through an Indiana wrongful death claim.

Learn More Now Before Time Runs Out

Indiana sets a strict statute of limitations of 2 years on wrongful death personal injury claims. For this reason, it is vital to consult with an experienced wrongful death lawyer as soon as possible, before evidence is lost, and time runs out on your claim. If you do not file a claim within the State’s allotted 2-year time period, you forever lose all opportunity to do so, even if there is still an ongoing criminal case regarding the accident that led to the wrongful death.

If you or a loved one has lost someone as a result of another’s negligence, act now to obtain justice for them. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a compassionate wrongful death lawyer in Indianapolis, Indiana. We represent people involving the unlawful death of a loved one in Indiana and for Hoosiers injured in other states.

You Should Also Read:

Is There Still Time to File My Indiana Personal Injury Claim?
What are Future Damages in a Wrongful Death Case?
Common Types of Wrongful Death Lawsuits

Indianapolis Personal Injury Lawyers 317-881-2700
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Do You Suspect Neglect at Your Loved One’s Nursing Home?

Whether it’s your parent, grandparent, aunt, uncle, or spouse, having a loved one in a nursing home is an experience filled with emotional highs and lows. But no matter what the circumstance is for you and your family, your loved one should never have to suffer abuse or neglect. If you are concerned that your loved one’s nursing care is not up to standard, or you suspect that neglect is taking place, it is vital that you investigate right away.

Start by spending more in-person time with them and discuss their daily experiences and schedules. This can help you identify the common signs of nursing home neglect and elder abuse. You should also speak with the staff and attending physicians about your concerns as well.

Continue reading to learn what signs to look for that suggest abuse or neglect is taking place, and what you can and should do about it.

Indianapolis Nursing Home Abuse Lawyer
Indianapolis Nursing Home Abuse Lawyer 317-881-2700

Nursing Home Neglect Cases

Unfortunately, nursing home abuse and neglect is far too common. There are many types of neglect and abuse that can happen at a nursing home or senior care center, and they usually present themselves in tell-tale signs. However, elders don’t always speak up and notify someone when they are experiencing abuse, neglect, or any other kinds of problems in their care home. When elders are abused or neglected, they often hide it, while many others don’t even realize it’s happening to them. But if you keep a keen eye on your loved one and their habits, you should be able to identify the many signs and symptoms of nursing home abuse and neglect.

Common Types of Nursing Home Neglect and Abuse:

▷ Wrongful Death
▷ Moving Injuries
▷ Inappropriate Use of Restraints
▷ Physical Assault
▷ Sexual Assault
▷ Not Enough Staff
▷ Emotional or Verbal Abuse
▷ Medication Malpractice
▷ Failure to Use Bed Rails Causing Falls
▷ Failure to Remove Elders from Wheelchairs Properly
▷ Prolonged Isolation or Abandonment
▷ Neglect (allowing/ignoring self-harm, etc.)
▷ Hygienic Neglect
▷ Unqualified Staff
▷ Financial Abuse
▷ Inattentive Staff (slip and falls, leaving the facility, simply not caring, etc.)

How to Identify the Signs of Nursing Home Neglect and Elder Abuse:

▷ Staff advising of Self-Harming/Self-Abuse
▷ Depression
▷ Mood Instability
▷ Personality Changes
▷ Poor Hygiene
▷ Financial Inconsistencies/Problems
▷ Missing Money
▷ Malnutrition
▷ Extreme Weight Loss
▷ Severe Dehydration
▷ Bed Sores
▷ Orthopedic Fractures
▷ Unexplained Injuries or Bruises
▷ Missing Valuables
▷ Prolonged Isolation or Abandonment

What to Do if Your Loved One is Showing Signs of Elder Abuse or Neglect

If you suspect your elder is being abused, neglected, or mistreated at their assisted living center, your first step is to contact a seasoned and trusted Indiana nursing home neglect lawyer to learn your rights and best course of action. They have the resources and experience to implement proper investigation, information gathering, and questioning that will lead to proving fault and damages. You could obtain substantial compensation for your loved one’s losses, including pain and suffering and mental anguish. You should always take photos and keep notes on names of persons involved, dates and issues to go over with your attorney.

Are you ready to obtain justice for your abused or neglected loved one? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free consultation with an experienced nursing home neglect lawyer in Indianapolis, Indiana. We represent clients all throughout the state, and never collect attorney fees unless we prevail for you.

You Should Read:

FAQS Regarding Nursing Home Abuse and Neglect
Are Bed Rails a Safety Concern for the Elderly?
Fractured Hip Injuries and Elderly Slip and Fall Accidents

Indianapolis Personal Injury Lawyers 317-881-2700
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Can I Sue a Spring Break Hotel After Being Injured on their Property?

Spring Break is here, and hundreds of thousands of people are planning, enjoying, or just coming home from their well-deserved vacations. When you think of going on Spring Break, you imagine a fun-filled trip chalked full of new experiences and happy memories. No one really plans on getting hurt, especially at their own hotel. As a spring break vacation hotel guest, you fully expect that your hotel will provide a safe and hazard-free environment during your stay. But accidents do happen on Spring Break; and if they happen as a result of hotel negligence, injured victims should be fully and fairly compensated for their damages and losses.

If you were recently injured on hotel property as a result of their negligence, you may be entitled to a settlement to cover your damages. Continue reading to learn the basics of hotel accident liability, and how to determine if you have a strong case.

Spring Break Hotel Injury Lawyers 317-881-2700
Spring Break Hotel Injury Lawyers 317-881-2700

Hotel Accidents and Premises Liability

Right now, hotel traffic and occupancy are high, especially in popular vacation spots like Florida and New Orleans. The majority of hotels and hotel chains in these tourist areas are properly managed and maintain strict internal safety codes for the security of their guests, visitors, and staff. Such hotels stay current on all building codes, regular inspections, and routine maintenance, ensuring that everyone in and around their premises are safe and protected against foreseeable hazards. But unfortunately, not all hotels uphold this duty of care, leaving many Spring Breakers wrongfully injured in a hotel accident this time of year. Even the most professional and esteemed hotels sometimes do not use reasonable care, making them liable for a person’s injuries in the case of an accident.

Common Types of Hotel Accidents

Hotels are built in a way that can pose a long list of possible hazards and accidents, from balconies and stairwells to fire systems, swimming pools, slip and falls, food poisoning, assault, theft, and even tea kettles and unsafe furniture. With so many amenities, activities, and structures around, the possible ways of getting hurt are virtually infinite.

Balconies and Stairwells – Dangerous and defective railing, lighting, and other structural integrity issues are common causes of hotel negligence that can lead to victims falling off of balconies or down stairwells.

Swimming Pools and Pool Decks – Drowning accidents at hotels happen and swimming pools can also pose several other types of dangers, such as head and neck injuries, spinal injuries, orthopedic injuries, and slip and fall injuries.

Slip and Falls – There are many slip and fall hazards that can cause serious injuries to hotel guests and visitors, such as wet floors, un-level walking surfaces, torn carpeting, poorly-lit staircases, damaged curbs and steps, and much more.

Defective or Broken Items – Furniture, small appliances, and other items in a hotel can also be the cause of a wrongful injury to a guest, such as a broken shower rail, defective tea kettle, faulty electrical wiring, irons, steamers, fire alarms, smoke detectors, and more.

Criminal Activity – Hotels are supposed to provide a safe environment for their occupants and staff. They should take the proper precautions to prevent common spring break hotel criminal activity like theft and assault.

Premises Liability Law

Hotels are legally required to use reasonable care to keep their occupants and staff protected from foreseeable hazards and unsafe environments on their premises, including indoors, outdoors, shuttles, and parking lots. If they fail to uphold this legal duty of care, they can be held responsible in a premises liability lawsuit. If a person, guest, employee, or otherwise, is injured on their property as a result of the hotel’s failure to reasonably maintain safe premises, victims can sue the hotel and recover compensation for their damages and losses. Common personal injury damages include hospital bills, medical expenses, lost wages and pain and suffering.

Were you seriously hurt in your hotel on spring break?

Contact the accident attorneys at Craven, Hoover, and Blazek P.C. for professional personal injury claim representation you can trust. We serve clients in Indianapolis and all throughout Indiana.  Call us at 888-881-2700 or 317-881-2700.  If the injury or death occurs outside Indiana, our law firm will work hand in hand with a well respected law firm in whatever state the injury or death occurs in to assure that our clients have the best representation in both states.

You Might Also Like:

Defining “Duty of Care” in a Personal Injury Lawsuit
What is Premise Liability?
Where to Get Legal Advice for Hotel Accident Injury Claims

Indianapolis Personal Injury Lawyers 317-881-2700
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What are Future Damages in a Wrongful Death Case?

After the wrongful death of a family member, damages awarded in a personal injury claim are meant to cover any losses that resulted from the family’s loss. There are many different types of losses that a family can suffer as a result of a wrongful death, from medical expenses and hospital bills, to funeral costs, loss of pension, loss of social security benefits, and much more. If you have just recently lost a loved one in a wrongful death accident, contact a personal injury lawyer as soon as possible to learn your rights to pursuing legal action against the negligent party or parties and their insurance carriers. You and your family could be entitled to certain future damages.

Continue below to review what future damages are and where to find trusted legal counsel near you.

Indianapolis Indiana Wrongful Death Lawyer
Indianapolis Indiana Wrongful Death Lawyer 317-881-2700

Wrongful Death Claims

In a wrongful death case, certain family members can file a claim for compensation to cover their direct losses, such as medical bills and funeral costs. These are easily calculated because they are direct financial payments that were made as a result of wrongly losing a family member. However, many families of wrongful death victims will qualify for other types of damages, such as future damages, which can be more difficult to quantify, yet deserve compensation, nonetheless.

Future Damages and Present Value

The most common future damages awarded in wrongful death cases are loss of future wages, loss of retirement benefits, and loss of pension. These damages can be calculated, and then added to a current settlement in present value. Present value is the total amount of compensation for current and future losses, but in today’s dollar value. Fifty years ago, a dollar had more value than it does today, so the same principal applies to present value calculations. Present value estimations must take into consideration certain factors in order to develop an accurate amount of compensation, such as interest rates, tax credits, inflation, and similar economic influences.

Such legal concepts are not easily understood by anyone not in the legal profession. It is important to discuss all of your questions and concerns with an Indiana personal injury attorney who specializes in wrongful death claims. We have the knowledge, skills, and professional resources to explain your case in a language someone can easily understand. If you have a good case, we will work hard to recover the maximum settlement or verdict for your claim.

Indiana Wrongful Death Lawyers Who Will Obtain the Settlement Your Loved One Would Want You to Have

Call the Law Office of Craven, Hoover, and Blazek, P.C. at 317-881-2700 to schedule a free initial consultation with an experienced wrongful death lawyer in Indianapolis, Indiana. Seasoned lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after losing a loved one in a wrongful accident. Call 317-881-2700 to get started today.

Indianapolis Personal Injury Lawyers 317-881-2700
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Will I Be Compensated for PTO and Sick Days in My Personal Injury Claim?

After being injured in an accident that wasn’t your fault, you may be forced to miss work as your recover. In fact, you may be forced to use your Personal Time Off (PTO) or accrued sick days to maintain your employment while also maintain a stream of income during your recovery. Is this fair, though? Many personal injury victims want to know if they can include their lost wages, as well as their PTO, as part of their claim.

Continue reading to learn the answer, as well as, some important information about collecting general damages in a personal injury lawsuit.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

Whether you are taking days of from work for rest, doctor’s appointments, or medical treatments and therapies, the law says you can include PTO and sick days into your personal injury claim. In fact, victims are likely to be compensated for such losses, including lost wages and income, PTO, sick days. To understand just how victims might be eligible for receiving compensation for their lost wages and personal time off, it helps to understand economic damages. You see, in a personal injury claim, the losses suffered by the claimant are referred to as “damages”, which can be either economic or non-economic.

Economic Damages

Economic damages, also known as special damages, are financial losses that can be calculated. Losses that can be defined by an actual dollar amount and redeemed through financial compensation include hospital bills (i.e. hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e. physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses death (i.e. insurance, veterans benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

In contrast, non-economic damages are more difficult to assign a dollar amount to because they are not tangible monetary losses. Examples of non-economic losses include pain and suffering, mental anguish or illness (i.e. depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to a loved one, paralysis of a loved one that changes or limits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

PTO Compensation

Since Personal Time Off is an exact number, it can be calculated, and therefore, categorized as an economic damage. This means that personal injury victims can include PTO, as well as all other types of lost wages, as part of their accident claim. If you had to use your personal time off to recover from a personal injury, you were forced to take a loss that you didn’t intend on taking, making you eligible for such compensation. Your only duty is to ensure that you can prove it through valid documentation, including doctor’s orders, statements from your employer, medical appointments, and more.

Talk to a Trusted Indiana Personal Injury Attorney for Advice Regarding Your Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury or wrongful death claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident and injury law, and have extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

Indianapolis Personal Injury Lawyers 317-881-2700
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Facts About Making a Wrongful Death Claim in Indiana

When a person loses their life as a result of someone else’s negligent actions (or inactions), it is regarded as a wrongful death under law. The most common types of wrongful death cases here in the United States are car accidents, negligent supervision, elder abuse, and medical malpractice.

If you suspect that your loved one was a victim of a wrongful death, it is important to take legal action right away, starting with a consultation with a licensed personal injury lawyer who concentrates on wrongful death claims. Learn your rights to full and fair compensation, and be granted the financial assistance and stability your family deserves during this difficult time.

Continue reading to learn what you need to know about making a wrongful death claim in Indiana, including how to get started and which law firm to trust with your claim.

Indiana Wrongful Death Lawyers 317-881-2700
Indiana Wrongful Death Lawyers 317-881-2700

Authority to File a Wrongful Death Claim

In Indiana, and most other states, only immediate family members can file wrongful death claims. This includes parents, legal guardians, husbands, wives, daughters, and sons. It can also be anyone who was legally dependent on, or a beneficiary of, the deceased. If it is proven that a loved one was a victim of a wrongful death, these kinds of parties would be the ones entitled to filing the claim and receiving monetary compensation through a settlement or trial.

Wrongful Death Case Criteria

Not all accidental deaths qualify as a wrongful death under the eyes of the law. In order for a wrongful death claim to move forward, certain facts must be true and proven. Some basic elements that should be in place for all wrongful death claims are:

➤ A person died.
➤ A person died as a result of another’s negligence or intent.
➤ The deceased has immediate family or other dependents who will suffer financially as a result of their loss.
➤ A private estate representative should be appointed by the family and can be a family member.

Compensation for Wrongful Death Victims

Courts use certain criteria to determine the total damages a family will be awarded in a wrongful death claim. Such factors typically include the amount of money earned by the deceased, the loss of companionship experienced by the family members (namely spouses and parents of young children), the degree of dependency the surviving family members or others had on the deceased, incurred expenses paid by the surviving family members as a result of the wrongful death, and much more.

Top-Rated Wrongful Death Lawyers in Central Indiana

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have recently lost a loved one in a wrongful death accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for the wrongful death of your loved one, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your wrongful death lawsuit or claim.

Indianapolis Personal Injury Lawyers 317-881-2700
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How Do I Sue a Store for My Injuries?

After being injured or suffering an accident at a retail store, it is important to learn your rights to compensation and legal protection, regardless of the extent of your damages and losses. Continue reading for a basic review on what you need to know about retail store lawsuits and personal injury claims, including and how to get started on your personal injury claim.

Indianapolis Slip and Fall Lawyers 317-881-2700
Indianapolis Slip and Fall Lawyers 317-881-2700

A Store’s Liability

Retail stores, like all public and private properties, have a duty of reasonable care to keep their environments free of hazards and unsafe conditions. In the case where a retail store neglects to uphold their legal standard of care, and as a result a person is injured on their premises, they could be held legally liable for the victim’s damages and losses and their insurance carrier would be responsible for paying any judgment or settlement on behalf of the retail store.

Under tort law, this legal principle is known as premise liability. The type or extent of liability a retail store can be subjected to really depends on broad spectrum of factors, especially whether or not the victim was invited onto the property, licensed to enter the property, or trespassed onto the property. The law classifies customers and guests as invitees, whether paying or not, therefore under law, all customers are entitled to protection under a reasonable care standard from harm while on the store property.

A property’s “premise” is defined as inside and outside of a property, including sidewalks, parking lots, and gates, staircases, parking garages, and more.  Where the lines are drawn is fact sensitive. Cases of premise liability can involve various types of accidents and injuries. The most common accidents are slip, trip, and fall accidents. Other common types of premise liability accidents include structural hazards, orthopedic injuries, burn injuries, violence and assault, food poisoning, animal attacks, pedestrian accidents, swimming pool accidents, and more.

Retail Store Accident Claims

If you were injured on the property of a retail store as a result of their negligence, you are entitled to certain legal rights, including compensation for your hospital bills, medical expenses, time lost at work, pain, suffering, and much more if caused as a result of the store’s failure to use reasonable care. Your first step to getting your accident claim started is to contact a seasoned personal injury lawyer in Indianapolis for an initial consultation.

During your initial consultation, you will discuss several points of your claim with an experienced attorney who can guide you on the best track toward financial recovery. Since first consultations are free, you do not have to worry about paying anything out of pocket to learn more about your legal rights. See our blog, “What to Bring to a Personal Injury Consultation” for details on how to prepare for your first meeting with an accident lawyer.

Top-Rated Accident Attorneys at Your Service

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Our seasoned Indianapolis personal injury attorneys maintain a concentrated focus on accident law, and retain extensive trial and litigation experience with a written track record of success. Not only do we offer free initial consultations, we never collect lawyer fees unless we recover a settlement or judgment for you. Get started by scheduling your consultation, today.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Common Examples of Negligent Supervision of Employees

Making a claim for negligent supervision is a common legal remedy used to compensate victims who were seriously injured or killed as a result of another’s failure to uphold their legal responsibility to carefully supervise a person. Those who are often given such responsibility over others include teachers, coaches, daycare providers, babysitters, youth group leaders, camp counselors, foster parents, nannies, and even custodial and non-custodial parents.

Although most cases of negligent supervision involve children and the elderly, it is possible for an employer to have similar liability for their staffs. Continue reading to learn some examples of employer negligent supervision, including what you should do if you are a victim of such carelessness.

Negligent Supervision Lawyer 317-881-2700
Negligent Supervision Lawyer 317-881-2700

Negligent Supervision of Employees

Negligent supervision of employees occurs when an employer or manager fails to ensure that their staff is properly adhering to all company policies, regulations, and safety standards. This responsibility includes avoiding wrongful behaviors themselves, as well as preventing wrongful actions of their employees. If an employer does not take the proper steps or precautions to ensure these standards, and as a result, an employee or customer is injured, they can be held liable for all damage and losses resulting from the accident under the legal principle of negligent supervision.

Examples of Employee Negligent Supervision:

❖ An employer fails to provide and ensure proper training for jobs that require using dangerous weapons, chemicals, tools, or machinery.  Also if they fail to properly supervise the use of such objects.

❖ An employer allows or ignores sexual advances or harassment of another employee.

❖ An employer allows an employee to drive or operate machinery while under the influence of drugs or alcohol.

❖ An employer is responsible for monitoring an employee that works from a satellite office or at home, and that employee is conducting company-related scams or personal scams on company time or while using company property.

❖ An employer chooses to ignore acts of violence or threats in the workplace, or dismisses complaints from co-workers about such behavior.

❖ An employer allows a convicted child sex offender to be alone with minors.

Proving Negligence

As a victim of an accident that resulted from someone else’s disregard to supervise, you have the burden of proving their negligence. There are four elements to proving negligence in a personal injury case. It must be proven that:

➊ The defendant had a duty of care, or legal obligation to monitor the victim.

➋ The defendant failed to uphold their duty of care.

➌ The failure to uphold their duty of care caused the victim to suffer damages.

➍ The injury that occurred as a result of employer negligence was reasonably foreseeable.

In most situations, if a victim can prove that all four of these elements are true, they likely have a basis for a negligent supervision claim. Always talk to a licensed Indiana personal injury lawyer for advice on pursing a claim for negligent supervision. You could be entitled to compensation for your damages and losses.

Indianapolis Negligent Supervision Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.  We represent injured persons throughout Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Can You Sue a Jail for the Death of an Inmate?

Over the summer, a mother lost her son to an untreated case of appendicitis in an Oklahoma jail. Was it the jail’s fault? Did she sue the jail for negligence? Continue reading to find out.

Indianapolis Wrongful Death Lawyers 317-881-2700
Indianapolis Wrongful Death Lawyers 317-881-2700

An Inmate Dies From Appendicitis

In an Oklahoma prison this past May, a 21 year old inmate by the name of Joshua England lost his life as a result of a burst appendix; and with only 90 days left on his 348-day sentence. It all started when he began experiencing severe stomach aches. Concerned and suffering, he visited the jail’s infirmary 5 days a week or more to find relief, but the jail’s medical staff failed to find anything wrong with him at each visit.

His symptoms continued to worsen, eventually (and quickly) evolving into more serious and tell-tale symptoms, including shortness of breath, rectal bleeding, and blood in his vomit. These are all signs of acute appendicitis. He even wrote letters to the medical staff with statements like, “”My stomach hurts so bad”, and “It’s hard to breath (sic) and sleep. I can’t eat that makes the pain worse.”

Antibiotics can easily treat patients so long as the appendicitis is caught in the early stages. But once an appendix bursts, emergency surgery is required, or death is imminent. Since the medical staff at the jail continued to ignore his suffering, only offering him Pepto-Bismol, laxatives, and ibuprofen as treatment, his appendix finally burst, causing him to die while experiencing horrifying abdominal pain.

Lawsuits for Such Cases

In the case of Joshua England, his mother did bring about a lawsuit asserting that the jail staff failed to acknowledge his need for serious medical treatment. However, the lawsuit also alleged that cameras were brought into the jail clinic to document his refusal of treatment. It said he also signed a waiver to make his refusal official. The result of the case is unknown, as the lawsuit is still pending.

☛ Read more about the actual case on Oklahoma’s News 4.

Questions About Indiana Wrongful Death Claims?

When a wrongful death occurs, there are several scenarios and variables that influence the validity of a lawsuit. It is important to discuss your potential case with a seasoned accident and injury attorney who can provide personalized guidance unique to your loss. Furthermore, it is important to take action now, as there are statutes of limitations that restricts the amount time person has to file a personal injury claim against the negligent party.

Indiana Wrongful Death Lawyers

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and learn more about wrongful death cases in Indianapolis, Indiana. Our seasoned accident attorneys are ready, willing and able to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule your consultation with an experienced Indianapolis wrongful death lawyer, today.  We represent the families of persons killed as a result of someone else’s negligence throughout the State of Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Did You Recently Lose a Loved One to a Wrongful Death?

The loss of a loved one is a very difficult time in any person’s life. But when a loved one’s passing is unjust, the severity of grief and suffering can be vastly deeper, and therefore, even more difficult to cope with. If a close family member, relative, child, or spouse recently died as a result of another’s negligence, you may be entitled to certain compensation for your losses and damages, including the emotional pain and suffering and lost income you have experienced since the passing of your family member.

Start by calling the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about wrongful death personal injury claims in Indiana. Continue reading to learn how to get started.

Personal Injury Law Firm 317-881-2700
Personal Injury Law Firm 317-881-2700

Indiana Wrongful Death Law

Under Indiana Code Title 34. Civil Law and Procedure § 34-23-1-1, “When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the latter for an injury for the same act or omission.” A “personal representative” might be a husband, wife, daughter, mother, son, grandchild, or any other person that is listed as a co-manager, owner, or speaker of the household. 

Statute of Limitations

In all cases of filing a civil claim against another person or entity, there is a legal time limit to do so, which is regulated by state law. These time limits differ from state to state and from case to case, but all statute of limitations begin on the day of the incident. Once the statute of limitations have expired, the opportunity of pursuing a claim does as well. 

When it comes to wrongful death statutes of limitations, Indiana Code § 34-23-1-1 goes on to say, “(…) the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission.”

However, claims against governmental entities have prerequisites that must be met and a much shorter deadline so obtaining a personal injury attorney quickly is vital, especially considering that a complete investigation should be done immediately.

Wrongful Death Claims

Because of the statute of limitations and other contributing factors, it is important to act fast following a wrongful death in the family. To get started, schedule a free initial consultation with one of our experienced Indiana personal injury lawyers who specialize in wrongful death claims. There is no fee for this consultation, nor will you have to pay any upfront lawyer fees. You only pay your lawyer if they recover a settlement for you.

The following compensation is recoverable if your wrongful death claim is successful:

✔ Funeral Arrangement Expenses
✔ Burial Arrangement Expenses
✔ Hospital and Medical Bills
✔ Lost Wages
✔ Lost Benefits
✔ And More

How to Get Started

Talk to an Indianapolis wrongful death lawyer for help with your claim, today. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of legal action after your devastating loss. We represent injured persons throughout the State of Indiana regardless of how the injury occurred, so long as the person was injured as a result of the negligence or “failure to use reasonable care” of another person or entity. We also offer free initial consultations and never collect lawyer fees unless we win a settlement or verdict.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700