Tag Archives: wrongful death claim Indiana

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

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

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.