Do You Have a Wrongful Death Case?
A death is wrongful if it was caused by a wrongful act or “omission of another.” Wrongful death claims often look like personal injury claims and may involve the same type of incidents, like slip and falls, abuse and neglect at nursing homes, or car accidents. Except in a wrongful death claim, the victim of negligence has tragically passed away.
According to Indiana law, if a person dies as a result of a personal injury accident, the spouse, children, parents, or the estate of the deceased may file a wrongful death claim in the name of their loved one. In general, a wrongful death lawsuit assumes that:
- The victim passed away due to the negligence of another
- The victim left loved ones behind
- Their loved ones suffered emotional and monetary losses due to the victim’s passing
This money can help pay for funeral arrangements, lingering medical bills, and other financial losses your family may have suffered. But not just anyone can file a lawsuit. Only parents, spouses, children, and other dependents of the deceased can receive damages from a wrongful death claim. And it must be filed within two years of their loved one’s passing.
Two years may feel impossibly far away, but it is always worth contacting an attorney if you think you may have a case. Filing before the statute of limitations runs out will give your attorney more time to gather evidence and prepare your case for court.
Do you have questions regarding wrongful death claims in Evansville? A wrongful death attorney can explain you and your family’s rights. Please call us at (812) 437-2000 for a free consultation with our Evansville injury attorneys.
Wrongful Death Case or Personal Injury Case?
Like we said before, wrongful death cases often arise from similar events in personal injury cases, like medical malpractice, work injuries, traffic collisions, defective products, or deadly accidents on someone else’s property. Determining liability can be difficult, especially if it looks like a total accident, and you might not know how to get justice.
That’s where we can help. If you have lost a loved one in a similar case, our Evansville injury attorneys can help you decide what legal action you can take.
Doctors, nurses, pediatricians, physical therapists – every medical professional must provide services that meet a certain standard of care. It’s true that not every medical injury is proof of malpractice (after all, accidents do happen, even hospitals), but you deserve compensation if your loved one was injured or died because of malpractice. Surgical errors, prescription mistakes, and birth fatalities are common examples of malpractice. If your loved one died because their healthcare provider failed to provide them with adequate care, a wrongful death attorney can help you pursue a wrongful death claim.
Working Hoosiers suffered 146 fatal injuries in 2019, and falling is one of the leading causes of death on work sites. All fall injuries can be avoided with the proper training and safety regulations. But if employers do not provide safe working conditions or have a history of ignoring regulations, they could be held responsible in court for your loved one’s passing. Wrongful death lawsuits can send a strong message to employers in the same industry that might engage in similar behavior.
Car or truck accidents
If your loved one was killed in a collision with another driver, you could have grounds for a wrongful death lawsuit if the at-fault driver was purposefully negligent. Negligent behaviors include reckless speeding, blowing through red lights, driving under the influence, or texting and driving.
But to file a wrongful death claim, your case must satisfy other conditions. Not every traffic fatality leads to a wrongful death lawsuit. An experienced Evansville personal injury attorney can tell you if you have grounds for a wrongful death claim. Call (812) 437-2000 or complete the contact form for a free, no obligation consultation with Hensley Legal Group today.
Defective and dangerous products
When a defective product hits the shelves, designers, manufacturers, and marketers all could have had a hand in making it unsafe for the public or failing to explain how to use it safely. Hensley Legal Group has helped those who have been injured or killed by defective devices like Takata airbags and the Stryker v40 hip implant.
If your loved one passed away because of a defective product, our Evansville wrongful death attorneys can help you get compensation.
Property owners in Indiana are liable for all accidents that happen to visitors on their property. If they knowingly make this property unsafe, their willful neglect could lead to death.
Unmaintained electrical systems, broken elevators, violent pets, improperly stored toxic chemicals, insufficient security, and fall hazards are all dangerous conditions that could cause fatal injuries. But in Indiana, property owners can try to pin some fault for the accident onto the victim, which could ultimately affect how much compensation the victim could receive.
If your loved one suffered a fatal injury, it is always worth contacting an attorney. We know that no amount of money could make up for your loss, but it can ease the financial burden of a sudden loss. For a free consultation about your case, please contact our Evansville office at (812) 437-2000 or fill out an online form.