Tag Archives: Wrongful Death Attorney Indianapolis

The Do’s and Don’ts of Suing for a Wrongful Death in Indiana

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When confronting the anguish of losing a loved one, the added stress of considering a wrongful death lawsuit can be overwhelming. Yet, for many, it’s a necessary step for achieving justice and financial stability in the wake of tragedy.

This blog post is designed to guide you through the intricate process of filing a wrongful death lawsuit in Indiana. We’ll discuss the crucial do’s and don’ts, unravel the complexities of pursuing wrongful death claims, and provide insights into how a wrongful death lawyer can simplify this legal journey. Although a settlement for damages may not alleviate the emotional pain, they can provide the financial support necessary for the future.

Call 317-881-2700 to Speak With Our Indianapolis Personal Injury Attorneys
Call 317-881-2700 to Speak With Our Indianapolis Personal Injury Attorneys

Indiana Wrongful Death Lawsuits

Before diving into the “do’s” and “don’ts”, let’s clarify what a general wrongful death lawsuit entails. In legal terms, a wrongful death occurs when someone else’s actions or negligence cause the death of another person. These deaths can result from various situations, such as car accidents, medical malpractice, workplace accidents, or criminal acts. The purpose of a wrongful death lawsuit is to hold the responsible party accountable and provide compensation for the surviving family members.

The Do’s: Steps to Take When Filing a Wrongful Death Lawsuit

When considering filing a wrongful death lawsuit, it’s essential to know the necessary steps to take to ensure its success. Here are some crucial do’s when pursuing a wrongful death claim in Indiana:

Seek Legal Representation: First and foremost, seek the help of an experienced wrongful death lawyer. The legal system is complex, and having a knowledgeable advocate on your side will make all the difference.

Gather Evidence: Collecting evidence is crucial when building a strong case. This includes any police reports, medical records, witness statements, 911 tapes, body and dash camera video and other relevant documents.

File Within the Statute of Limitations: In Indiana, there is a two-year statute of limitations to file a wrongful death lawsuit against entities that are non-governmental. This means you must initiate the legal process within two years from the date of your loved one’s death and if governmental, you must file a tort claims notice in as little as 6 months.

Document Your Losses: Keep track of any financial losses resulting from your loved one’s death, such as funeral expenses, medical bills, loss of income, and future losses.

Understand Indiana’s Wrongful Death Statute: Indiana has specific laws regarding wrongful death lawsuits, and it’s crucial to understand them before proceeding with your case. A knowledgeable wrongful death lawyer can guide you through these statutes.

The Don’ts: Mistakes to Avoid When Pursuing a Wrongful Death Claim

As crucial as it is to know the do’s, it’s equally essential to understand what not to do when filing a wrongful death lawsuit. Here are some common mistakes you should avoid:

Do Not Delay: As mentioned previously, there is a statute of limitations for filing a wrongful death lawsuit in Indiana. Don’t wait until the last minute, as this can jeopardize your chances of receiving compensation. It is always best to hire your own attorney as soon as possible.

Do Not Discuss Your Case with Insurance Companies: The responsible party’s insurance company may reach out to you to discuss the case. It’s crucial to not engage with insurance adjusters without consulting your wrongful death lawyer first.

Do Not Accept a Settlement Without Consulting a Lawyer: Similarly, it’s important that you do not accept any settlement offers without a lawyer’s guidance. Insurance companies try to offer a lower amount than what you are entitled to, and a wrongful death lawyer can negotiate on your behalf.

Do Not Assume You Are Not Eligible to File: In some cases, family members may assume they are not eligible to file for a wrongful death lawsuit. It’s essential to consult with a lawyer to determine your eligibility and who in the family shares in any settlement or verdict.

Do Not Share Sensitive Information on Social Media: It’s best that you do not post any information about your case on social media. This can potentially harm your case and will be used against you by the defense if possible.

The Role of Punitive Damages in a Wrongful Death Case

In Indiana, punitive damages may be awarded in wrongful death lawsuits. These damages are meant to punish the responsible party for their actions and serve as a deterrent for similar behavior in the future.

In Summary

Losing a loved one is devastating, but seeking justice can help bring closure and financial stability for the future. By following the do’s and avoiding the don’ts, working with a wrongful death lawyer, and understanding the role of punitive damages, you can navigate through this challenging process and achieve justice for your loved one. Remember, you don’t have to go through this alone. Seek legal support and take the necessary steps towards seeking justice. Let the law work for you when dealing with such unfortunate events and protect the rights of your loved ones who are no longer with us.

Seek justice today if your family has just suffered a tragic death caused by another’s negligence. Contact 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. We provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

Related Posts:

Indiana Wrongful Death Lawsuits: Your Questions Answered
Funeral Arrangement Check List For an Unexpected Loss
Facts About Indiana Wrongful Death Court Procedures

How An Indianapolis Catastrophic Injury Lawyer Can Help You Recover Financially

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Dealing with the aftermath of a catastrophic injury can be overwhelming, to say the least. Life, as you know it, is turned upside down, and navigating through the legal complexities of your situation can become an additional burden. This is where an Indianapolis catastrophic injury lawyer steps in. These individuals specialize in the laws surrounding catastrophic injuries, offering crucial support, guidance, and representation to help you secure the justice and compensation you deserve. In the following sections, we’ll delve into how they can play a vital role in your recovery process.

Indiana Civil Litigators Personal Injury
Indiana Civil Litigators Personal Injury 317-881-2700

Speak With Our Catastrophic Injury Lawyers in Indianapolis About Your Case

Don’t let the aftermath of a catastrophic injury overwhelm you. Let the experienced accident attorneys at Craven, Hoover, and Blazek P.C. help you navigate through this challenging time. Our dedicated catastrophic injury lawyers are well-versed in Indiana law and have a track record of achieving significant recoveries for our clients. If you or a loved one has suffered a catastrophic injury in Indiana, reach out to us for a free case evaluation. We’re here to protect your rights and fight for the compensation you deserve. Contact us at 317-881-2700 today.

Common Types of Catastrophic Injuries

Catastrophic injuries are severe, life-altering conditions that cause long-term or permanent disabilities. Some of the most common types of disastrous injuries include:

  • Spinal Cord Injuries
  • Traumatic Brain Injuries
  • Burn Injuries
  • Amputations
  • Birth Injuries
  • Blindness
  • Paralysis
  • Severe Nerve Damage
  • Hearing Loss
  • Disfigurement
  • Chronic Pain
  • Permanent Disabilities
  • Internal Organs Damage

These injuries often require ongoing medical treatment and rehabilitation, which can be costly. This is why it’s essential to contact an Indiana catastrophic injury attorney as soon as possible. They can help you explore all the legal rights and available options and assist with filing a claim against any liable party or insurance company responsible for your injuries.

Accidents That Commonly Cause Catastrophic Injuries

While devastating injuries can occur in many ways, some of the most common accident scenarios that lead to these severe conditions include:

  • Motor Vehicle Accidents
  • Construction Accidents
  • Workplace Accidents
  • Slip and Fall Injuries
  • Defective Products
  • Machinery Malfunction
  • Electrocutions
  • Boating Accidents
  • Pedestrian Accidents
  • Bicycle Accidents
  • Nursing Home Negligence
  • Medical Malpractice

No matter how minor or severe the resulting injuries may be, it is crucial to contact an experienced Indiana catastrophic injury lawyer immediately. They can help you protect your rights and pursue the justice and compensation you deserve.

Calculating Damages in a Catastrophic Injury Case

The damages recovered in an Indiana catastrophic injury case depend on the unique aspects of each case. Typically, these cases involve both economic and non-economic damages. Economic damages refer to losses that can be easily calculated, such as lost wages, medical bills, property damage, and any other out-of-pocket expenses resulting from the injury.

Non-economic damages are more subjective and refer to losses such as pain and suffering, emotional distress, disfigurement, diminished quality of life, and other intangible damages associated with the injury. The experienced catastrophic injury lawyers at Craven, Hoover & Blazek P.C. will help you determine the appropriate values for your economic and non-economic damages to ensure the greatest recovery possible.

Act Now and Get in Touch With a Knowledgeable Indianapolis Catastrophic Injury Lawyer

Securing justice and compensation after suffering from a catastrophic injury can be daunting. That’s why it’s essential to get an experienced Indiana catastrophic injury lawyer on your side as soon as possible. The civil litigators at the Law Office of Craven, Hoover & Blazek P.C. will fight hard to get you the compensation that you deserve and help ensure your future is secure. Contact us today at 317-881-2700 for a free initial consultation. We represent clients throughout the state of Indiana and Indiana residents injured in other states. Meet with us over the phone, video conference, or in person at our Indy office.

Related Posts:

Financial Assistance for Amputation Victims: What You Need to Know
Common Damages Awarded for Traumatic Brain Injury Accidents
Living with Paralysis: Tips for Adapting to Life After Injury

Helpful Ways to Manage Your Grief After a Loved One’s Passing

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No one will ever have all the answers, or even the right words for that matter, to make you feel more at peace with a loved ones’ passing, although just being there for someone can help. This is ineffably a very dark and emotional time for you and the many others close to the departed, find solace in knowing that there are ways to help cope with the emotional stress and deep pain that comes along with losing someone you love. And although you may want to be alone, there will be many who want to extend their condolences. For the sake of your emotional and mental health, as well as your overall quality of life moving forward, you will have to learn how to remain open to them and the others around you.

Continue below for some helpful advice on how you might better manage your grief after a loved one’s death, plus what you should do if your loved one lost their lives as a result of another’s negligence.

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

Coping Mechanisms for the Bereaved

Stay Close to Family and Friends

Your close relatives and friends are the people who care about you the most; and may in fact share the grief of the departed with you. Use them as they will use you to be a shoulder to cry on. Rather than holding back, use this time to open up to family and friends about your feelings and fears. They too should feel willing to talk, easing the tension and frustration of bottled feelings. This helps the healing process begin.

Endure Funeral Planning

Whether you decide on a small or large funeral, it is best to go in the direction that puts the least amount of stress on you and the rest of the immediate family. If the departed has made special requests for their funeral ahead of time, it is important to honor those last wishes; however, if there are none, use your best judgment on what they would have wanted and what works within your abilities. Do not be afraid to inform others that the funeral is for close family only, if you desire a very small private funeral. Even if they are close friends, they will respect the wishes of the family.

If the funeral is a very large event, do not worry about talking and greeting every single guest. Be sure to relax and make your own pace. This will help your stress and sensitivity levels throughout the day. Most people will understand that much of the family isn’t up for conversation as it is.

Accept Death and Welcome Back Life

Once the funeral is over, and the extended family travels home, it is normal to feel directionless. It is important to use the funeral as a safe platform to say goodbye and make your peace with the loss. Death is a guarantee to all of us, and it is also important to know that life does not stop when another’s ends.

Try to understand that your life is still here, and you have time ahead of you to make the best of it. Appreciate the time you had with the departed and remember and honor them in your own way but be sure to continue pursing your goals and dreams. After all, that is exactly what the departed would want for you. And remember that it’s okay to be sad every so often because you have family and friends to pull you through.  In addition, if you feel the need, you can always seek professional help and guidance from a priest, pastor, religious or non-religious counselor or a psychologist or psychiatrist. Given the extent on the loss, whatever you need is whatever you need.

Was the passing of your loved one a result of another’s negligence? If so, you have rights. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your options for pursing a wrongful death claim in Indianapolis, Indiana. We represent injured persons and the loved ones of deceased persons throughout the State regardless of how the injury occurred, so long as the person was injured or killed as a result of another’s negligence which is a failure to use reasonable care. Not only do our Indianapolis wrongful death lawyers offer free initial case evaluations, but our personal injury law firm does not collect lawyer fees unless we recover a settlement or verdict for you.

Related Posts:

How to Cope With the Planning of a Loved One’s Funeral
Facts About Making a Wrongful Death Claim in Indiana
What are Future Damages in a Wrongful Death Case?

Funeral Arrangement Check List For an Unexpected Loss

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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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Facts About Indiana Wrongful Death Court Procedures

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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
Schedule a Free Consultation!

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

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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?

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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

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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?

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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.

Important Liability Laws for Hosting a Party With Alcohol

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When it comes to your liability as a party host who serves alcohol to guests, the laws vary from state to state. Some states claim no liability, some claim liability, and some others do not even have laws that regard the subject at all. Indiana happens to be a state that does assign liability to social hosts.

If you let guests drink and drive after leaving your New Year’s Eve party, you could be liable for any damages or losses they caused to others on the road. If this is something you are concerned about, continue reading to learn how to be a responsible party host and how to protect yourself from being liable for drunk driving accidents.

Social Host Liability

The phrase, “social host liability” is a term that describes a person being held legally accountable for the actions of an intoxicated guest who became intoxicated by indulging in the alcoholic beverages served at their party. It is your duty as a party host to serve alcohol responsibly to guests. Not only is this for everyone’s safety, but it is also to avoid legal accountability. The most common scenarios are drunk driving and wrongful death accidents, but property damage, assault, and other incidents are known to occur as well.

If a guest at your party drinks too much alcohol, and then they leave and cause harm to another person or property, the victims of the accident can pursue a lawsuit against you since you provided the alcohol to the guest. This is actually very common. In fact, it is possible for party hosts to face criminal charges depending on the severity of the accident and subsequent losses experienced by the victims.

Laws Vary From State to State

As mentioned, some states have laws governing social host liability, while others do not. States that have laws regarding the subject either assign or absolve part hosts of liability, and some states do not even have laws pertaining to social host liability. For example, California and New York are “No Liability” states. This means party hosts are not responsible for the actions of their intoxicated guests, so long as they are adults, because these states do not put the blame on the furnishing of alcohol, but rather, the consumption.

States like New Jersey have specific social party host laws regarding intoxicated driving. They put liability on party hosts under certain circumstances, such as serving an already “visibly intoxicated” guest and more. Furthermore, states like North Carolina do not have any laws or ordinances that address social party host liability. However, victims of drunk driving accidents have been successful at pursing negligence lawsuits against hosts that over-serve guests and then allow them to drive.

Minors

In all 50 states, serving alcohol to a minor, whether knowingly or not, imposes all sorts of serious liability on a party host. Not only can a host be financially responsible for any damages, losses, or injuries caused by an intoxicated minor, they can also be criminally charged.

Dram Shop Laws

Even if a person hosts a party at a public location, most states have Dram Shop laws in order. These laws hold establishments that serve alcohol liable for the actions of their intoxicated patrons. However, the circumstances to which these liabilities apply are very specific and vary among states. If a patron is overserved and injures someone, the victim can pursue a lawsuit against the drunk driver and the establishment.

Indianapolis Personal Injury Law Firm

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for personal injury claims in Indianapolis, Indiana. We offer free initial consultations and never collect lawyer fees unless they win your claim. Call our office today to determine your eligibility for personal injury compensation.