Tag Archives: wrongful death lawsuit

Facts About Making a Wrongful Death Claim in Indiana

Posted on by

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

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

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

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

Authority to File a Wrongful Death Claim

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

Wrongful Death Case Criteria

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

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

Compensation for Wrongful Death Victims

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

Top-Rated Wrongful Death Lawyers in Central Indiana

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

Indianapolis Personal Injury Lawyers 317-881-2700
Schedule a Free Consultation!

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

Posted on by

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

Posted on by

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?

Posted on by

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

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

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Wrongful Deaths

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

Making a Claim

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

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

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

Heirs and Non-Heirs

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

Contact Us for Personalized Advice and Counsel

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

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

Legal Liability for Prescription Drug Overdoses

Posted on by

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

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

Who is Liable?

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

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

Drug Dealers

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

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

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

Doctors and Pharmacists

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

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

Indianapolis Personal Injury Attorneys

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

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

How Indiana Defines a Wrongful Death

Posted on by

Wrongful Death Attorneys 317-881-2700

Wrongful Death Attorneys 317-881-2700

Every state has their own laws that govern wrongful deaths cases and claims. In Indiana, wrongful death is defined as any situation where the death of a person is caused by the wrongful act or omission of another. Loosely described, it is also like a personal injury accident that ends in death. When a person or entity is the cause of another’s death, they can be proven and held legally responsible in a court of law.

If you or anyone you know has been involved in an accident that resulted in the death of another person, you should call a personal injury law firm that you can trust, immediately. Continue reading for more information about wrongful death cases and the laws that surround them.

Wrongful Death Cases

When a person passed away from a wrongful death accident, who steps on to handle their case? The answer is the personal representative of the deceased’s estate. This could 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. Typically, this is whoever 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.

There is a chance, however, that the state may decide to file a claim instead. For example, if a drunk driver wrecks and kills another drunk driver, the state may decide to file charges for vehicular manslaughter even if the family of the deceased doesn’t want to. If a case involves the death of a young child, it is up to the legal parents, guardian, or caregivers to file a wrongful death claim.

Although the claim for a wrongful death case is filed by an estate representative who also handles the lawsuit, it is the spouse, children, and extended family that receives any awarded financial retribution for their loved one’s death. It is generally up to the courts how the monies will be divvied among the relatives. The following expenses are recoverable if liability is found in a wrongful death case:

• Expenses for Funeral Arrangements
• Expenses for Burial Arrangements
• Hospital and Medical Bills
• Lost Wages and Benefits of the Deceased Had they Lived
• Wages for Lost Time at Work Pursuing the Case
• And More Depending on Individual Circumstances

Wrongful Death Attorneys

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you r family is a victim of a wrongful death in Indiana. Seasoned personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer professional litigation services for a wide variety of practice areas, including wrongful death claims. We offer free initial consultations and never charge lawyer fees unless we win your settlement. Call 317-881-2700 to schedule an appointment with a wrongful death attorney in Indianapolis, IN today.