Facts About Wrongful Death Statutes in Indiana

Years ago, there was no legal recourse for those who lost a loved one in a wrongful accident. Back then, when a personal injury victim died, the right to claim damages for any resulting losses suffered by the family was lost as well. Widows, children, dependents, and next of kin were finally given justice in such cases when Indiana passed its first Wrongful Death Statute. Since passing the Indiana Wrongful Death Statute, two more relevant statutes have been passed that give wrongful death survivors additional rights to a personal injury settlement, the Indiana Adult Wrongful Death Act and Indiana Child Wrongful Death Act.

Continue reading to learn facts about all three Wrongful Death Statutes in Indiana, plus how to verify your rights to pursuing a claim after the loss of a loved one.

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

Indiana Wrongful Death Claims

If a person or business is negligent in a way that directly causes another person’s death, it is considered a wrongful death accident. Wrongful death accidents are caused by many types of negligence, such as recklessness, inaction, product or manufacturing defects, medical malpractice and even intentional torts like assault. When a person loses a loved one in a wrongful death accident, certain persons have a right to bring about a negligence suit for the purpose of obtaining compensation for their damages and losses. Although it varies from state to state, here in Indiana, the law specifically defines eligible wrongful death claimants to be spouses, children, and dependents.

Examples of damages and losses suffered by those who have lost a loved one to a wrongful death accident generally include pre-death hospital bills and medical expenses, funeral and burial costs, loss of financial support, loss of future earnings, loss of employment benefits, loss of consortium, loss of emotional support or care, and similar expected economic losses.

Wrongful Death Statutes of Indiana:

The Indiana Wrongful Death Statute

Indiana Code § 34-23-1 is the basic wrongful death statute of Indiana. Under this act, a “personal representative of the estate” is the party permitted to file a wrongful death lawsuit. Such representatives include spouses, children, and dependents. Additionally, there is an established statute of limitations for filing a wrongful death suit that gives claimants two years from the date of the accident that resulted in the loss of their loved one. A unique element of the Indiana Wrongful Death Statute is that there is no cap on damages. A judge or jury can award whatever settlement they deem fit without limitations.

The Indiana Adult Wrongful Death Act

This wrongful death statute is reserved for adults, which the state defines as anyone over the age of 20, or anyone over the age of 23 but still in college, and who is also unmarried and has no dependents. Under this statute, a personal representative must also be the one to file suit, and they have two years from the date of the accident that caused the death to do so. In contrast to the general wrongful death statute of Indiana, the Indiana Adult Wrongful Death Act sets a maximum recovery cap of $300,000.00 on such cases. Additionally, there are some damages that are excluded, such as lost earnings, pain and suffering, mental anguish, and punitive damages. The judge and jury also specify how much each person gets in damages if the lawsuit involves more than one child or parent.

The Indiana Child Wrongful Death Act

Indiana Code § 34-23-2-1 wrongful death act is reserved for children who have lost their lives to a negligent accident caused by another. The state defines a child as someone not married and without dependents, plus younger than 20; or younger than 23 and enrolled in a post-secondary educational institution; or younger than 23 and attending a career and technical educational program. Parents and guardians are permitted to file a wrongful death lawsuit under this statute, and they have 2 years to do so from the date of the accident. As for damage caps, the limit is not set by a monetary amount, but rather, how long the child had before they crossed over into adulthood. There are also limitation to the types of damages that can be awarded in child wrongful death cases.

Have you recently lost a loved one to a wrongful death accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis IN wrongful death attorney you can trust. Wrongful death cases are complicated so you should obtain representation immediately. We represent clients throughout the State of Indiana.

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Can a Personal Injury Statute of Limitations Be Extended?
What are Future Damages in a Wrongful Death Case?
Can You Sue a Jail for the Death of an Inmate?

Funeral Arrangement Check List For an Unexpected Loss

No one wants to be placed in the position of having to plan a funeral at a moment’s notice.  It is an unfortunate and sensitive circumstance that families and friends endure when a cherished life ends.  When it comes to pre-planning a funeral, having helpful resources can take a lot of the pressure and anxiety away. 

For help and support, scroll down to review a basic check list for arranging a funeral at the last minute, as well as how to pursue legal action if you lost your loved one due to negligence in a wrongful death accident in Indiana.

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

Guide to Planning a Loved One’s Funeral

Decide Between Burial or Cremation

Your first step is to decide on your loved one’s final resting place. This includes choosing between burial and cremation. From there, you will be faced with related decisions, such as casket or urn selection, burial plot or memorial location selection, and whether you want to use funeral home services. If you do not wish to use a funeral home, you can take this time to choose a cemetery or memorial location.

Choose a Funeral Home

After writing an obituary, you will need to choose a funeral home to facilitate the rest of the proceedings. Choose a funeral home that has years of experience and well established in their community. If budget is an issue, typically family and locally owned funeral homes are more economically priced and will give you a better over-all deal with the same focused and professional service.

Once you have chosen a funeral home or final resting place, all you have to do is assist the funeral directors in completing the planning process. You will need to choose a casket or urn, flower arrangements, burial location, and figure out a way to inform the rest of the family about the date and time of the funeral service. An accommodating funeral home will assist you with all these decisions and tasks.

Write an Obituary

Get together with family and close friends to collect personal information about the deceased. Typically, people like to include the name, date of birth, birthplace, and the names of the bereaved. This part is decided upon by the family and closest people to the person who has passed. You can make an obituary as original or general as you see fit. Other topics to discuss in an obituary are vocations, the persons’ character, accomplishments, and any other special descriptions. When complete, you will need to submit obituary to appropriate newspaper or publication. Your funeral director can do this step for you if you have chosen to work with one.

Extended Funeral Planning Checklist:

☑ Acquire any last requests relating to funeral arrangements left behind by the deceased.

☑ Choose the resting attire for the deceased (for caskets only).

☑ Select music and literature for service ceremony.

☑ Arrange funeral transportation if necessary (clergy car, limousine, funeral coach, etc.).

☑ Hire an officiator and pallbearers (if needed).

☑ Appoint someone to read the eulogy (or write one on your own).

Are You the Survivor of the Wrongful Death of a Loved One?

Losing a loved one is always a painful experience and loss.  Losing a loved one due to another person’s lack of using reasonable care is exponentially more painful because your loss should not have happened.  If your family has recently experienced a wrongful death, quickly hire a reputable and licensed Indiana wrongful death attorney to represent you. It is very important to outsource professional legal counsel following a wrongful death. Spouses and immediate next of kin may be entitled to a settlement for economic and noneconomic damages like medical expenses, hospital bills, lost wages, loss of love and care, loss of consortium, loss of social security benefits, and more.

Was your loved one wrongfully killed in an accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis IN wrongful death lawyer you can trust. We represent clients throughout the State of Indiana.

Related Posts:

How to Cope With the Planning of a Loved One’s Funeral
Facts About Making a Wrongful Death Claim in Indiana
What is a Loss of Consortium Claim?

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How to Cope With the Planning of a Loved One’s Funeral

Grief and sorrow can be paralyzing after learning of a loved one’s death.  It is never easy when a person close to you has passed away.  On top of dealing with the angst and pain of losing someone that was an intimate part of your life, you have the responsibility of planning their funeral. 

In these circumstances, it is advised to seek out (and let in) as much help and support needed to avoid becoming overwhelmed with anxiety and grief.  A funeral should be a beautiful ceremony that honors your loved one’s life and recognizes the impact they had on our world. With the right coping mechanisms and support system, stress can be minimized in the funeral planning process. 

Continue reading to learn some helpful tips for coping with grief while planning your loved one’s funeral, as well as how to bring about a wrongful death claim if your loved one lost their lives because of another’s negligence.

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

Managing Family and Friends

After losing someone, you may feel like you want to hide away and be alone.  The only people it seems you can talk to are the ones closest in your life.  When you have to plan a funeral, this is just not possible.  You must gather up the strength to make and take phone calls, receive people’s condolences, make funeral arrangements, and inform every one of funeral details.  This can all appear exhausting to someone grieving over the loss of a loved one. 

Here are ways to cope through these challenging circumstances:

Begin by contacting the people closest to the person who has passed away.  Be sure to remember that they will also need a chance to express their grief, just as you do.  Although you are still feeling overwhelmed with sadness, try to be there for close family and friends for reciprocal support.

Next, decide on whether the funeral will be small or large.  This all depends on the person’s final wishes, and the funeral budget.  Determine what they would have wanted, but do not stress over the details.  The most important part of the funeral is honoring the person and remembering them, not what color the flowers are and when the reception food will be ready. 

In most cases, you can simply hire a funeral director to handle the small details for you, while you take charge of arranging the dates and attendance list.  Sharing some of the responsibilities with other loved ones is also recommended.

Wrongful Death Claims

If your loved one lost their life because someone else was negligent or careless, the deceased’s dependents and possibly other family members could be entitled to a settlement. Contact a licensed Indiana wrongful death lawyer to learn your eligibility for recovering compensation for damages such as medical expenses, hospital bills, lost wages, loss of social security, disability or employment benefits, pain, suffering, loss of consortium, loss of companionship, and more.

Was your loved one wrongly killed in an accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for wrongful death personal injury representation in Indianapolis, Indiana. We represent clients all throughout the state.

You Should Also Read:

Facts About Indiana Wrongful Death Court Procedures
Do You Suspect Neglect at Your Loved One’s Nursing Home?
What are Future Damages in a Wrongful Death Case?

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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

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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.

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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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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

Frequently Asked Questions About Wrongful Death Claims

Each state has a separate set of laws that oversee wrongful deaths cases. Indiana defines wrongful death in IC 34-23-1-1, which states in part, “When the death of one is caused by the wrongful act or omission of another (…).” In plainest terms, it is a personal injury case in which the injured victim dies. In the case that a person or corporation causes an accident that results in another’s death, they can be held legally responsible in a court of law for the subsequent damages and losses suffered by the victim’s relatives. 

Understanding wrongful death claims can be tricky since every case differs in great detail. Furthermore, there are various complex laws surrounding such claims, making it even more challenging to comprehend your rights to compensation. If you or anyone you know has been involved in an accident that resulted in the death of another person, it is vital that you consult with an experienced personal injury lawyer who specializes in wrongful death cases to learn the best strategies for your claim.

For a better understanding of what to expect, continue below to review some of the most frequently asked questions about wrongful death cases in Indiana.

Wrongful Death Attorney 317-881-2700
Wrongful Death Attorney 317-881-2700

Who Can File a Wrongful Death Claim?

The person who makes the wrongful death claim is usually the victim’s estate representative. If they were married, it would likely be their spouse; if they had no spouse, but children, it could be them. Typically, it is the person who retains ownership of the property or is listed in the will. If there is no family or pre-appointed representative for the estate, there may be no one to file suit and handle their wrongful death case. Although the claim must be brought forward by an estate representative, the awarded damages may be allocated to other members of the family, including dependents.

How Long Do I Have to File a Wrongful Death Claim?

In Indiana, a person usually has 2 years from the date of the accident to make a claim against the wrongdoer, although their can be earlier deadlines for governmental entities. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn about statute of limitations deadlines, extensions, and more. If you believe you have missed your deadline to make a wrongful death claim, contact an Indianapolis personal injury lawyer for details regarding your options.

What Types of Damages are Awarded in Wrongful Death Settlements?

Civil damages are awarded in wrongful death settlements, which serve the sole purpose of compensating surviving relatives and members of the estate for all of the related losses resulted from the death of the victim. Indiana allows spouses and children to recover damages for funeral and burial expenses, medical expenses, hospital bills, lost wages, lost benefits provided by the deceased, counseling costs, legal costs, and more.

Do I Need to Hire a Wrongful Death Lawyer?

Wrongful death claims are incredibly complex, and the laws and procedures surrounding them are as well. In order to recover the full and fair compensation you deserve, you will need an experienced personal injury attorney who is well-versed and experienced in wrongful death cases representing your claim from start to finish. They have the knowledge, skills, and resources to accurately navigate your claim and argue your case if it goes to trial.

 How Do I Make a Wrongful Death Claim in Indianapolis?

Contact the Law Firm of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about your wrongful death claim in Indianapolis, Indiana and throughout the State of Indiana. Our seasoned personal injury lawyers are eager to help all victims of wrongful deaths in the family to recover compensation for their medical expenses, hospital bills, lost wages, and more. We offer free initial consultations and work on a contingency-fee basis, which means you do not pay a dime unless we win a settlement for you. Call today to get started.

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

Who Can File a Wrongful Death Claim?

A death in the family is a tragic event in itself. But when someone you love wrongfully loses their life, the emotional turmoil is even worse. Those who have just lost an immediate family member to a wrongful death may be entitled to certain compensation for the losses they have suffered as a result of their loved one’s passing.

Continue reading to learn more about wrongful death claims, including who can make one and how to get started.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Wrongful Deaths

Wrongful deaths are events in which a person dies as a result of another person (or entity’s) negligence or wrongdoing. When a wrongful death occurs, immediate family members may be able to bring about a claim against the responsible party or parties because they have suffered losses as a result of their relative’s wrongful death. Such claims are referred to as wrongful death claims, and they are generally represented by a licensed personal injury lawyer who specializes in such cases.

Making a Claim

To get started, a plaintiff (the person bringing the case) should contact a licensed and experienced wrongful death lawyer and discuss their options for making a claim. However, not just anyone is an eligible plaintiff in a wrongful death claim. Only certain family members are permitted by law to bring about this type of claim.

Common examples of family members who can make a wrongful death claim may include:

Spouses
Registered Domestic Partners
Biological Children
Non-Biological Children or Dependents
Parents
Legal Guardians
Biological Siblings
Biological Nieces and Nephews

Heirs and Non-Heirs

Generally, family heirs are those who are permitted to make a wrongful death claim, however, there are exceptions since every family unit is unique. For instance, non-adopted, non-dependent adult step children are not typically permitted to bring about such claims regardless of the closeness of their relationship with the decedent. In contrast, biological children are almost always within their rights to make such claims, even if they were estranged from the decedent some of their lives. Furthermore, even if a biological child is removed from a decedent’s will, they can still make a wrongful death claim.

Contact Us for Personalized Advice and Counsel

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help with your wrongful death claim in Central Indiana and all over Indiana. Our seasoned Indianapolis wrongful death lawyers are ready and able to recover the full and fair compensation you deserve. We offer free initial consultations and never collect attorney fees unless we recover for you. Schedule an appointment, today.

Legal Liability for Prescription Drug Overdoses

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

When a person overdoses on prescription drugs, there are many questions about who’s to blame for their residual complications or death. Families who are dealing with this unfortunate and common tragedy want to know if there is anyone that should be held liable for their loved one’s overdose. The drug dealers? The doctors? Peers? Perhaps the drug manufacturer? If you are questioning whether or not you can sue for your loved one’s overdose, then it is important to learn about the liability surrounding the epidemic.

Who is Liable?

Because prescription drug use is becoming a dangerous and frequent hobby amongst people of all ages, there are many illegal activities surrounding the acquisition of such drugs. For instance, many patients who were initially prescribed a prescription drug for a medical purpose, may want to continue using the drug even after their prescription runs out. In this case, they would search for ways to purchase their medication illegally. This is usually done via drug deals.

Another common method for acquiring prescription drugs is to forge prescriptions, manipulate doctors into prescribing the drug over and over again, or jump from doctor to doctor for the same prescription. Users have also stolen prescription drugs from others who are rightfully-prescribed, such as people with disabilities or elderly persons.

Drug Dealers

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

Since there are various ways for users to acquire prescription drugs, both legally and illegally, it can be difficult assigning liability to a person or entity. For example, if a user overdoses on a prescription drug they have acquired through a drug dealer, the dealer may be arrested and charged with murder, manslaughter, or drug trafficking.

But since the initial act of acquiring the drugs was illegal, a person cannot collect compensation for a wrongful death or overdose. And in most cases, drug dealers are not arrested for these kinds of charges because they do not have a documented paper trail for their sales, unlike doctors.

Doctors and Pharmacists

In some cases, health care providers and pharmacists may be held accountable for a drug overdose if they were negligent in seeing a pattern of abuse, or continued to prescribe the medicine without proper evaluations and dosage supervision. These parties have a duty of care to recognize past drug use and monitor prescription drug use, as well as, be on the lookout for illicit activity. However, it is rare to be able to sue doctors and pharmacies for a drug overdose since it is highly complex to prove that the victim’s overdose was a direct cause of a healthcare provider’s negligence. There are many questions that can evade liability of a doctor or pharmacist: To what extent was their overdose related to the healthcare provider? And to what extent was the overdose caused by other factors?

It is imperative to consult a personal injury lawyer to discuss your options for compensation after a loved one overdoses on prescription drugs. With so many complex details surrounding such cases, you need an experienced accident attorney to support your efforts and recover the truth.

Indianapolis Personal Injury Attorneys

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an experienced personal injury lawyer in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are eager to recover the full and fair compensation victims deserve after being wrongfully injured. Not only do we offer free initial consultations to discuss your claim, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to schedule an appointment with an Indianapolis personal injury attorney, today.