Legal Liability for Prescription Drug Overdoses

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

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

Who is Liable?

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

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

Drug Dealers

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm 317-881-2700

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

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

Doctors and Pharmacists

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

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

Indianapolis Personal Injury Attorneys

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

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

How Indiana Defines a Wrongful Death

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.

Common Types of Wrongful Death Lawsuits

Wrongful Death Attorneys 317-881-2700

Wrongful Death Attorneys 317-881-2700

When a person is killed or dies as a result of another individual or entity’s negligence, it is called termed a wrongful death. There are infinite ways a person or family can become a victim of a wrongful death. In the case of a wrongful death, the immediate family would receive any monetary penalties, debts, or benefits following the incident. Continue reading to learn more about the different cases of wrongful deaths and what to do in the case of such tragedy.

Medical Malpractice

Medical malpractice is one of the most common cases of negligent deaths. This often occurs for many reasons, including improper medication, incorrect diagnosis, surgical errors, unintentional doctor error, and more. It is commonly the hospitals, doctors, anesthesiologist, medical boards, and more that are held accountable for medical malpractice cases.

Drunk Driving Accidents

Drunk driving is the most common cause of wrongful death accidents. In addition to driving under the influence, distracted driving is another common cause of negligent deaths on the road. Failure to obey traffic signals, ignoring traffic signs, texting and driving, eating and driving, dealing with children and driving, intoxicated driving, and more are examples of distracted driving.

Product Defects

Manufacturer defects in products sold on the market can be another cause of negligent death. When automotive parts, children toys, and food are commonly recalled for defective issues that can cause harm or death to an individual and even pet.

Workplace Accidents

Accidents that result in death within the workplace are another common cause of such cases. Scaffolding accidents, falling from great heights, construction equipment accidents, improper employer safety measures, unsafe work conditions, motor vehicle accidents, and more are common workplace wrongful death lawsuits.

Advice for Victims

Any type of wrongful death case requires the services of a well-versed and seasoned personal injury attorney. Contact an injury law firm right away if someone you love was recently killed in a negligent accident that was not of any fault of their own. You and your family may be entitled to compensation for your damages; like pain and suffering, trauma, post-traumatic stress, mental anguish, funeral expenses, hospital bills, and more.

Wrongful Death Lawyers in Indianapolis

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a wrongful death claim in Indianapolis, Indiana. Seasoned personal injury attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are here to help you obtain the rightful compensation you deserve after wrongfully losing a loved one. We offer free initial consultations and never collect lawyer fees unless we recover for you. Call 317-881-2700 to schedule an appointment with a wrongful death lawyer in Indianapolis, IN today.

Construction Accidents, Injuries, and Lawsuits

Child Injury Attorneys 317-881-2700

Child Injury Attorneys 317-881-2700

According to the Occupational Safety and Health Administration (OSHA), nearly one and five workplace fatalities that took place in 2010 were caused by construction site accidents or occurred within the construction industry. In fact, there are four principle fatalities that the OSHA has called the “fatal four” in the construction industry. They include falls, getting stuck or caught in-between equipment, being struck by an object, or electrocution.

If these four common causes of construction site injuries and wrongful deaths were somehow eradicated, it could save over 350 lives each year. It is important for employers and companies to do their best with proper safety training and preventative maintenance in order to provide a safer workplace environment for construction workers and staff.

If an injury does occur, the victim has the right to pursue a personal injury lawsuit to recover compensation for their damages. Continue reading to learn how these “fatal four” accidents can potentially be evaded, and the facts surrounding these kinds of personal injury cases.

Construction Site Fatalities

One of the most frightening accidents that can happen to a construction worker is falling from a high locale. This is a common threat due to the use of scaffolding, ladders, roof-work, crane-work, slips, trips, and more. Nearly 40% of all construction staff deaths each year are caused from falls. Scaffolding can collapse, and workers can lose their balance from high above. Poor quality equipment, slippery surfaces, unprotected edges, incomplete or unstable flooring, holes in floors, misuse of ladders are all common culprits behind falling accidents. Unfortunately, most construction site fall accidents are fatal; or they cause permanent paralysis or brain injuries.

Electrocutions are also a common cause of death at a construction site. Damaged connections, exposed wires, and more can all cause a fatal surge of electricity to anyone. In fact, a surge from as little as 20 milliamps can be fatal. Almost ten percent of construction deaths are caused by electrocutions. And if death does not occur, severe third and fourth degree burns commonly leave victims with prolonged pain, discomfort, and disfigurement.

Being hit by a heavy object accounts for nearly eight percent of construction site deaths each year. Heavy machinery, construction equipment, and falling objects are the most frequent causes of death when it comes to being struck by something. Many things are moved with the use of cranes, forklifts, bulldozers, and more; so sometimes, things go wrong and negligence can cause a fatal accident. Something as insignificant as a wrench that falls from a 400 foot scaffold can cause death to anyone it strikes. Bricks, tools, lunch boxes, and even cell phones can all be deadly hazards depending on where they fall from and the force they have when coming in contact with a person.

Lastly, getting caught or stuck in between is another gut-wrenching and fatal accident that can happen at a construction lot. Rotating equipment, rigging, equipment maintenance, trash crushers, and more can all cause a person severe injury or death if caught underneath or in between. All construction companies and contractors are responsible for setting forth proper safety training and education to protect their employees and prevent such accidents from happening. If a person is crushed, ran over, or killed as a result of being stuck or caught in between, various safety regulations are violated and the company owners are held accountable. This is where a personal injury or wrongful death lawsuits can help.

If a person is severely injured on the job, they have a right to pursue a lawsuit against the negligent parties and be entitled to remuneration for their damages. If a person is killed as a result of a company’s negligence, the victim’s family has a legal right to pursue compensation through a personal injury wrongful death lawsuit. It is important to hire a licensed and reputable Indianapolis Construction Site Accident attorney for effective representation.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for more information regarding construction site accident lawsuits in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are highly accomplished and respected personal injuries lawyers with decades of experience in litigation and trial. We offer free initial consultations to learn about your accident and determine if you have a probable case. We never charge or collect attorney fees unless we prevail for you! Call 317-881-2700 and schedule a complimentary consultation
with a licensed personal injury attorney, today.

What Establishes a Wrongful Death Case?

Wrongful Death Attorneys 317-881-2700

Wrongful Death Attorneys 317-881-2700

A wrongful death, just like any other personal injury, is a result of the negligence or misconduct of an entity or company. When a wrongful death occurs, there are several scenarios and variables that can surround its circumstances. However, in all cases families of lost victims are generally entitled to compensation for their loss and damages. Also, the negligent party that is responsible for a person’s wrongful death is held accountable in a court of law.

To understand what exactly constitutes a wrongful death case, review the examples below. If your family has recently experienced a death of a loved one that exhibits all the prerequisites for wrongful death, immediately contact a personal injury attorney to pursue full and fair compensation for your damages and costs. There are statutes of limitations that restricts the amount time person has to file a personal injury claim against the opposing party. This is why it is important to act fast once a wrongful death occurs and family. Take action while the law still allows you to; and bring your loved one justice.

Motor Vehicle Accidents

Motor vehicle accidents are extremely common throughout the United States. Motor vehicle accidents happen as a result of texting and driving, cell phone usage, distracted driving, disobeying roadsides, driving under the influence, reckless driving, and simple carelessness. Not all motor vehicle accidents result in death, however when they do, it can be considered a wrongful death case depending on the details of the accident. If a person is driving under the influence, for example, and causes accident that kills another person, they have discussed a wrongful death. The same idea goes for people driving while texting, disobeying road signs, deliberately ignoring streetlights, and more. The driver exhibits any of these behaviors that subsequently causes the death of another driver or pedestrian, they have cost a wrongful death and are liable for punishment under law.

Medical Malpractice

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Another example of a wrongful death would be poor medical care or medical care. If a person goes into surgery and dies as a result of the surgeon’s error, this is considered medical malpractice and a wrongful death case. The family of this victim could be entitled to compensation for the loss in a court of law.

Other examples of medical malpractice wrongful death cases would be misdiagnosis, and improper medication, surgical error, and more. Medical malpractice, unfortunately, is one of most common kinds of wrongful death in America. If doctors are hospital authorities exhibit negligent behavior that causes the patient to die under their watch, they are liable in court of law as well.

Workplace Accidents

Accidents at work are very common. This is why workers’ compensation exists. If a person gets hurt work as a result of the company’s negligence, they are entitled to compensation for damages, medical bills, time off work, and more. However, when a person dies at work as a result of the company’s negligence, it is considered a wrongful death. If employer doesn’t take the proper measurements to provide a safe work environment for its employees and staff, they can be liable for an employee’s death or injury. Different laws exist for different injuries and circumstances. It is important to have a professional personal injury attorney review your loved ones case to determine eligibility for compensation and more.

Indianapolis Wrongful Death Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and learn more about wrongful death cases in Indianapolis, Indiana. Where highly experienced and knowledgeable personal injury attorneys that concentrates on wrongful death claims. If your family has recently lost loved one as a result of another person or entity’s negligence, you may be entitled to compensation for your damages. Contact Keith Blazek, or one of our other highly accomplished personal injury attorneys, at 317-881-2700 and schedule your free initial consultation to assess whether or not your family is entitled
to compensation for your loved ones death.