Navigating the Depths: Understanding Swimming Pool Accident Claims

Posted on June 24, 2024 by admin

Swimming pools are synonymous with fun and relaxation, but they also pose significant risks. Understanding personal injury claims related to swimming pool accidents is crucial, especially for swimmers, parents, pool owners, and anyone who frequents public pools.

In this blog post, we’ll explore the common types of swimming pool accidents, their legal implications, and the steps you should take if you find yourself or a loved one injured. Additionally, we’ll discuss the responsibilities of pool owners and operators to ensure safety and prevent accidents.

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Common Swimming Pool Accidents

Swimming pools can be a hotspot for a variety of accidents, each with its own set of causes and consequences.

Drownings and Near-Drownings

Drowning is one of the leading causes of accidental deaths worldwide, and swimming pools are no exception. A person can drown if they can’t breathe after being submerged in water for too long. According to Centers For Disease Control and Prevention (CDC) statistics, over 4,500 people died due to drowning each year from 2020 to 2022. Near-drowning refers to a situation where someone has almost drowned but survived. This can lead to long-term health issues such as brain damage or respiratory problems.

Diving Injuries

Diving into shallow water or improperly marked depths can lead to severe injuries, including spinal cord damage and traumatic brain injuries. Improper signage and lack of supervision are common causes of swimming pool diving and diving board injuries.

Slip and Falls

Wet surfaces around the pool area are a common cause of slip and fall accidents. These accidents can result in broken bones, concussions, and other serious injuries. The National Safety Council reports that falls are the leading cause of non-fatal injuries in the U.S., and swimming pools are no exception.

Chemical Burns

Improper handling or incorrect chemical balance in pool water can cause chemical burns and respiratory issues. The CDC highlights that exposure to high levels of chlorine can lead to skin irritations and lung problems. They report that between 2015 and 2017, an estimated 13,508 visits to U.S. emergency departments were due to pool chemical injuries, with about one third of these incidents involving individuals under 18 years old. Faulty maintenance and inadequate training are often to blame.

Entrapment Incidents

Entrapment occurs when a swimmer gets stuck on a pool drain due to powerful suction. This can lead to drowning or severe internal injuries. The Consumer Product Safety Commission reports that between 2014 and 2018, there were 11 confirmed entrapment incidents in swimming pools, whirlpool bathtubs, and spas.

Legal Aspects of Personal Injury Claims

Understanding the legal framework surrounding swimming pool accidents is essential for anyone seeking to file a personal injury claim.

Premises Liability

Premises liability holds property owners responsible for injuries that occur on their property due to unsafe conditions. In the context of swimming pools, this means that pool owners could be held liable if an accident occurs due to their negligence, such as failing to maintain the pool area properly or not providing adequate warnings of potential hazards.

There is also the subject of maintaining an attractive nuisance. This refers to the legal responsibility of a property owner to ensure that their pool or other attractive features do not pose a risk to children. Pool owners must take reasonable steps, such as installing fences and gates, to prevent unauthorized access by children.

Negligence

Negligence is the failure to exercise reasonable care, resulting in injury or loss to another person. For swimming pool accidents, this could include inadequate supervision, poor pool maintenance, or not following safety regulations. If someone is injured due to another’s negligence, they may have grounds for a personal injury claim.

Steps to Take After a Swimming Pool Accident

Taking immediate and appropriate action after a swimming pool accident can significantly impact the outcome of any personal injury claim.

Medical Attention and Documentation

The first and foremost step is to seek medical attention. Even if injuries appear minor, it’s crucial to get a professional evaluation. Medical records will be essential for any subsequent legal action. Documenting the scene of the accident, including taking photographs and gathering witness statements, can also be invaluable.

Reporting the Incident

Report the incident to the appropriate authority, whether it’s the pool owner, a lifeguard, or local law enforcement. An official report can serve as crucial evidence in your case. Ensure that the details are accurate and that you keep a copy for your records.

Seeking Legal Advice

If your child or a family member is injured in someone else’s swimming pool, you should know your legal rights. It’s important to document the incident, seek medical attention, and contact a personal injury law firm to explore your options for compensation. Personal injury lawyers specializing in swimming pool accidents can provide you with the necessary guidance you need.

They can help you understand your rights, the viability of your claim, and the steps needed to pursue compensation. Legal representation can also handle communications with insurance companies and opposing parties, ensuring that your case is managed professionally.

Pool Safety and Responsibilities

Pool safety is a shared responsibility among pool owners, operators, and users.

Duty of Care for Pool Owners

Pool owners must exercise a duty of care to ensure their pool area is safe for users. This includes regular maintenance, proper signage, and adequate supervision. Failure to meet these responsibilities can result in legal liability if an accident occurs.

Tips for Preventing Swimming Pool Accidents

Prevention is always better than cure. Here are some practical tips for maintaining a safe swimming pool environment:

Regular Maintenance: Ensure that the pool and its surroundings are well-maintained. Check for potential hazards like loose tiles or malfunctioning drains.
Adequate Supervision: Never leave children unattended near a swimming pool. Hiring a lifeguard or ensuring competent adult supervision can prevent many accidents.
Proper Signage: Clearly mark depths and hazards. Inform users of pool rules and safety guidelines.

Promoting Safety

Promoting a culture of safety can go a long way in preventing accidents. Educate your family and guests about pool safety practices, such as not running near the pool, avoiding alcohol consumption while swimming, and knowing basic water rescue techniques. Remember, safety is everyone’s responsibility, so let’s work together to make our pools safer for all.

CONCLUSION

Swimming pool accidents can have devastating consequences, but understanding the legal aspects of personal injury claims can help you seek the compensation you deserve. From knowing common types of accidents to understanding premises liability and negligence, being informed is your first step towards justice.

If your child or loved one has been involved in a swimming accident, don’t hesitate to seek legal advice. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your case and explore your options for filing a personal injury accident claim in Indianapolis. We represent victims all throughout the state, including Indiana residents injured in other states and residents of other states injured in Indiana.

A Guide to Indiana’s Wrongful Death Laws After a Fatal Car Crash

Posted on June 21, 2024 by admin

When tragedy strikes on the road, it can leave families shattered and in search of answers. If you’ve lost a loved one in a fatal car crash in Indiana, understanding how to file a wrongful death claim is crucial. This guide will walk you through the process, helping you understand your rights and the legal steps to take.

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The Legal Objective of a Wrongful Death Car Crash Claim in Indiana

Losing a loved one in a car accident is an unimaginable pain. When negligence is involved, it adds another layer of complexity and grief. A wrongful death claim offers a way for families to seek justice and compensation for their loss. In this section, we will define wrongful death, its legal implications, and its relevance to fatal car accidents.

Wrongful death occurs when someone dies due to the negligent or intentional actions of another person. In the context of car crashes, this could involve reckless driving, driving under the influence, or other forms of negligence. A wrongful death car crash claim allows the surviving family members to seek compensation for their loss, covering medical expenses, funeral costs, lost income, and emotional suffering.

Understanding these claims is essential for bereaved families seeking closure and justice. It is also vital for holding responsible parties accountable and preventing similar tragedies in the future.

Relevant Indiana Laws for Negligent Death Cases

Indiana has specific laws governing wrongful death claims, particularly those related to fatal car accidents. It’s important to understand these laws to effectively pursue a claim. In this section, we will provide an overview of Indiana’s laws regarding wrongful death, including who can file, the statute of limitations, and potential damages.

The Right to File

In Indiana, the right to file a wrongful death claim typically rests with the private representative of the deceased individual’s estate. This representative could be a spouse, parent, child, or another close relative. The law prioritizes immediate family members to ensure that those most affected by the loss can seek justice.

Statute of Limitations

The statute of limitations sets a deadline for filing a fatal car accident claim. In Indiana, the time frame is generally two years from the date of death, although the time limits are substantially less involving governmental entities. Missing this deadline can result in the loss of the right to pursue legal action, making it crucial to act promptly and seek legal counsel as soon as possible.

Potential Damages

Wrongful death claims can result in various types of damages. These may include compensation for medical and funeral expenses, lost wages and benefits, loss of companionship, and mental anguish. Understanding the potential damages can help families grasp the financial implications and the importance of seeking fair compensation.

Steps to Filing a Wrongful Death Claim After a Deadly Car Accident

Filing a wrongful death claim involves several critical steps. Each step requires careful attention and professional guidance to ensure a proper case. In this section, we will outline the necessary steps to take when filing a claim in Indiana, including gathering evidence, hiring an attorney, and the actual filing process.

Gathering Evidence

The first step in filing a wrongful death claim is gathering evidence to support your case. This includes obtaining police reports, medical records, witness statements, and any other relevant documentation. Photographs of the accident scene and the vehicle involved can also be powerful pieces of evidence. An attorney is invaluable in helping to obtain this evidence.

Hiring an Attorney

Navigating the legal landscape of wrongful death claims is overwhelming. Hiring a skilled wrongful death lawyer is essential. An experienced attorney can help you understand your rights, gather the necessary evidence, and document a strong case. They will also handle all legal procedures, allowing you to focus on healing and supporting your family.

The Filing Process

Once you have gathered evidence and hired a civil litigator, the next step is filing the claim. Your attorney will draft and file the necessary legal documents with the court. They will also represent you in court proceedings, negotiations, and settlements. The goal is to secure fair compensation for your loss and hold the responsible party accountable.

Supporting Families During the Legal Process

Losing a loved one is emotionally and financially draining. The legal process can add to this burden. However, there are resources and support systems available to help bereaved families cope during this difficult time. In this section, we will discuss the emotional and financial support available to families during the legal proceedings.

Emotional Support

Grieving families often need emotional support to help them cope with their loss. Counseling services, support groups, and therapy can provide much-needed comfort and guidance. Many communities offer support groups specifically for those who have lost loved ones in accidents, providing a space to share experiences and find solace.

Financial Support

The financial impact of losing a loved one can be significant. In addition to seeking compensation through a wrongful death claim, families may be eligible for other forms of financial assistance. This could include life insurance benefits, social security survivor benefits, and community-based financial aid programs.

Legal Assistance

Navigating the legal process is daunting, especially while grieving. Hiring a wrongful death attorney in Indianapolis is a critical resource that can help take time to heal as you succeed in your case. They operate on contingency, which means you don’t pay lawyer fees unless they recover a settlement for you. This payment arrangements ensure that every family has access to justice, regardless of their financial situation.

Conclusion

Filing a wrongful death claim after a deadly car wreck in Indiana is a complex but necessary step towards seeking justice and compensation. Understanding Indiana’s laws, gathering evidence, hiring an attorney, and seeking emotional and financial support are all critical components of this process.

If you believe you have a wrongful death case, it is essential to act promptly. Reach out to a wrongful death attorney to discuss your situation and explore your options. By taking these steps, you can honor your loved one’s memory and seek the justice both you and they deserve.

If you are a bereaved family member or spouse that has been harmed by the loss of your loved one in a negligent car crash, we are here to support you every step of the way. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with an experienced wrongful death car accident attorney in Indianapolis, Indiana. We represent victims all throughout the state, including Indiana residents injured in other states and residents of other states injured in Indiana.

Necessity and Nuances of Hiring a Wrongful Death Lawyer in Indiana

Posted on April 9, 2024 by admin

The loss of a loved one is an irreplaceable void, a trauma that reshapes the lives of those left behind. When this loss comes as a result of someone else’s negligence or intent, the legal system affords an avenue for the surviving family to seek justice through a wrongful death claim. For Indiana residents navigating such painful waters, securing the services of a wrongful death attorney can not only be a legal imperative but also a crucial step towards healing and remembrance.

Wrongful death is a legally actionable event that arises from the negligent, reckless, or deliberate actions of another party, resulting in the death of an individual. As expected, the laws surrounding such cases are complex and retain distinctions that emphasize the necessity of legal representation. This guide is here to help you understand the nuances of hiring a wrongful death lawyer in Indiana and how they can help you navigate this difficult process.

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Understanding Wrongful Death in Indiana

Defining the Law

Indiana’s wrongful death statute allows for the personal representative of the deceased person, typically a close family member, to bring a civil lawsuit on behalf of the deceased’s estate against the party responsible for their death. The purpose of this law extends beyond financial compensation; it’s about holding the responsible parties and their insurance companies accountable for their actions.

Scenarios That Lead to Claims

Recognizing when a death may qualify under Indiana’s wrongful death statutes is the first step in determining the viability of a claim. Every wrongful death case is unique, yet several common scenarios often lead to such claims:

Medical malpractice
Vehicle accidents
Workplace accidents
Product liability
Criminal actions
Trucking accidents

The Vital Role of a Wrongful Death Lawyer

Legal Navigation and Expertise

Wrongful death lawyers are not just legal experts; they are empathetic guides who have the experience necessary to navigate the complexities of wrongful death cases. These professionals handle all legal aspects, from obtaining necessary evidence to filing the necessary paperwork to representing the family and linked claimants in court.

Advocating for Compensation and Justice

The stakes in wrongful death cases can be high, both financially and emotionally. An attorney’s role is to not only secure full and fair compensation for the family’s losses but also to work towards achieving some form of justice for the deceased.

Emotional Support

In addition to their legal duties, personal injury attorneys play a crucial role in providing emotional support to grieving families. Their understanding of the process and their ability to anticipate and explain the next steps can provide much-needed reassurance and assistance during what is often a daunting legal process.

Steps to Hiring the Right Wrongful Death Attorney

The Importance of Experience

Experience is a significant factor in the selection process. Attorneys with a proven track record of handling wrongful death cases in Indiana will be well-versed in the state’s laws and knowledgeable about local court procedures. Every single attorney at the law firm of Craven, Hoover & Blazek, P.C. has more than 25 years of experience.

Researching Potential Candidates

Conducting thorough research into potential lawyers’ backgrounds, client testimonies, and case outcomes will help families make an informed decision about who to entrust with their wrongful death claim.

Selecting the Right Fit

Selecting the right attorney goes beyond experience; it’s about finding a professional who will represent the family’s best interests with compassion, tenacity, and dedication. The biggest law firm out there does not mean the best. Choose a personal injury attorney who will provide personal attention to you and your case and an attorney who cares should be a factor in your decision making process on who to hire.

Navigating the Legal Process

The Path to Resolution

A wrongful death lawsuit typically follows a series of predetermined legal steps, including discovery, settlement negotiations, and, if necessary, a trial. A personal injury lawyer’s role is to shepherd the family through each phase, ensuring their rights are protected and the best possible resolution is obtained.

Overcoming Challenges

Legal proceedings can be fraught with challenges, from the complexities of establishing fault to the emotional toll of reliving the circumstances of the death. A skilled attorney is equipped to handle these challenges and work towards a favorable outcome for the family.

Supporting Grieving Families

Beyond the Legalities

For families, a wrongful death attorney should be more than just a legal advisor. They should serve as a resource, pointing the family towards support networks and organizations that can assist them through the grieving process.

Emotional Advocacy

The lawyer’s advocacy extends to the emotional realm, where they must balance the need for legal action with the family’s emotional state, helping them achieve a sense of closure and justice.

Final Thoughts

Seeking legal representation is a critical step for families dealing with the wrongful death of a loved one in Indiana. The right lawyer can be the beacon of hope and support in the often murky and emotional aftermath of a wrongful death event. For those who find themselves in the unfortunate circumstances of needing a wrongful death attorney, the message is clear; make no compromises. Trust in an attorney who not only understands the law but who also comprehends the depth of your loss and is prepared to fight for your family’s rights.

Pursue justice now if a tragic death in your family was caused by someone else’s negligence. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a sympathetic wrongful death lawyer in Indianapolis, Indiana. We represent people involving the negligent death of a loved one in Indiana and for Hoosiers injured in other states.

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

Posted on January 19, 2024 by admin

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.

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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.

Indiana Wrongful Death Lawsuits: Your Questions Answered

Posted on November 30, 2023 by admin

Navigating through a wrongful death lawsuit in Indiana is overwhelming, especially when you’re dealing with the loss of a loved one and you should not do so without legal representation. Understanding the process, the wrongful death statute of limitations, and having the right wrongful death lawyers by your side can make all the difference. In this comprehensive guide, we aim to answer your most pressing questions and provide clarity on Indiana’s wrongful death laws to assist you in this challenging time.

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What is a Wrongful Death Lawsuit in Indiana?

A wrongful death lawsuit is a legal claim filed by the surviving family members or dependents of an individual who died due to the negligence, recklessness, or intentional act of another person or entity. In Indiana, the law allows certain family members to seek compensation for their loved one’s death and hold those responsible accountable for their actions.

Who Can File a Wrongful Death Lawsuit in Indiana?

Under Indiana law, the following individuals can file a wrongful death claim:

▶The surviving spouse and children of the deceased

▶If there is no surviving spouse or child, then the parents of the deceased

▶If there is no surviving parent, then the personal representative of the estate

▶The personal representative of the estate can also file a wrongful death claim on behalf of beneficiaries if there are no family members who qualify to file.

What is the Statute of Limitations for Wrongful Death Lawsuits in Indiana?

The statute of limitations is the time frame within which a legal claim must be filed. In Indiana, the normal statute of limitations for filing a wrongful death lawsuit is two years from the date of the individual’s death. If the lawsuit is not filed within this time frame, it may be dismissed by the court. However, certain exceptions may apply in specific circumstances, such as if there is a criminal case related to the death or if a governmental entity is involved.

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

Damages are monetary compensation awarded to the family members or dependents of the deceased in a wrongful death case. Under Indiana law, wrongful death damages may include:

▶ Funeral and burial expenses
▶ Medical expenses related to the injury that led to the death
▶ Loss of the deceased’s earnings and financial support
▶ Loss of companionship, care, and guidance provided by the deceased

Why Do I Need a Wrongful Death Lawyer?

Losing a loved one is already a painful experience, and dealing with the legalities of a wrongful death lawsuit can only add to the burden. That’s why hiring a wrongful death personal injury litigator is crucial. A wrongful death lawyer in Indiana can provide the legal expertise and emotional support needed to navigate the legal system during this emotionally challenging time. Moreover, a wrongful death lawsuit can help you and your family receive the justice and compensation that you deserve.

Your lawyer can help you obtain evidence, negotiate settlements and obtain damages for funeral expenses, lost income, medical bills, and other expenses incurred due to your loved one’s passing. Overall, an Indianapolis wrongful death attorney can make a significant difference in your case and ensure that your loved one’s memory lives on with dignity and respect and so that some semblance of justice is obtained.

Final Thoughts

Losing a loved one due to someone else’s actions is a devastating experience, and seeking justice is an additional burden. However, understanding the process and having the right legal support can make all the difference in achieving a fair outcome. If you believe you have a wrongful death case in Indiana, consult with a reputable wrongful death lawyer to discuss your options and protect your rights. Remember that you do not have to go through this alone, and seeking legal help can provide a sense of closure and justice for your loved one.

For more information on Indiana’s wrongful death laws, consult with a reputable personal injury law firm you can trust. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation with a seasoned and skilled 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.

Uncovering Negligence in a Wrongful Death Case

Posted on April 24, 2023 by admin

When a loved one dies due to the negligence of another, it can be devastating for the family. In such cases, families may pursue legal action to seek justice and compensation through a wrongful death lawsuit. If successful, these lawsuits can result in a damages award that can help to compensate surviving family members for their losses. But how do you know if your case is eligible for filing a wrongful death lawsuit?

This blog post will look at some of the key factors involved when uncovering negligence in a wrongful death case so that you can begin exploring potential options with confidence.

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Hiring a Wrongful Death Lawyer

The first step in the claim process is to obtain experienced legal representation from an experienced wrongful death lawyer who understands how to document negligence in these types of cases. An attorney will be able to review the circumstances surrounding your loved one’s passing and assess whether there are grounds upon which you could file a claim successfully.

Proving Negligence in a Wrongful Death Case

To prove negligence in a wrongful death case, you must demonstrate that the person or entity responsible for causing your loved one’s passing failed to use reasonable care. This may include demonstrating that the liable party failed to exercise proper caution when operating their vehicle, failed to maintain a safe premises, or neglected to properly warn of potential hazards. In addition, if the negligent action was intentional – such as an assault – you must be able to show proof of this behavior.

An experienced wrongful death lawyer will also be able to examine various sources of evidence to uncover negligence. These sources could include medical records, police reports, eyewitness accounts and photographs taken at the scene of the accident or incident. With all this evidence in hand, your attorney will be able to show that the responsible party was negligent and therefore should be held liable for wrongful death damages.

Obtaining a Wrongful Death Settlement

Finally, it’s important to remember that a wrongful death lawsuit can provide financial compensation for survivors such as medical expenses, lost wages, loss of love, care and affection and punitive damages. Punitive damages are designed to punish wrongdoers and send a clear message that such behavior is unacceptable. If you believe that you have grounds for filing a wrongful death lawsuit, contact an experienced lawyer who can help you prove negligence so that you can seek justice for your family’s loss.

Conclusion

By exploring these factors in depth with an experienced wrongful death lawyer, families will gain the understanding and confidence they need to pursue a wrongful death case in court. With this knowledge, families can begin the process of seeking justice for their loved one’s untimely passing.

It is important for surviving family members to remember that filing a wrongful death lawsuit can be complex and emotionally taxing. It is essential that you consult with a knowledgeable attorney who has experience in proving negligence in these types of cases. With an experienced legal team on your side, you will be better equipped to seek justice for your loved one’s untimely passing and obtain financial compensation from the insurance carrier of those responsible. No amount of money can replace the loss of a loved one, but holding negligent parties accountable may help bring about some closure for the family during what can be a difficult time.

If you believe that your loved one’s untimely passing was caused by the negligence of another, it is important to act quickly in order to ensure that you preserve your rights and receive full and fair compensation. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned wrongful death lawyer in Indianapolis, Indiana. We offer a no-cost, zero risk solution to our clients by working on contingency-fee agreements. This means you will not pay us unless we are able to win an award or obtain a settlement for you.

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

Posted on October 7, 2022 by admin

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

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.

Facts About Wrongful Death Statutes in Indiana

Posted on April 4, 2022 by admin

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.

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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.

Funeral Arrangement Check List For an Unexpected Loss

Posted on December 10, 2021 by admin

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.

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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.

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

Posted on September 30, 2021 by admin

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.

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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?