An unexpected death can be devastating, robbing you of the chance to see your loved one again without giving you any time to prepare for the loss. The grief can sting even more when that individual is killed because of somebody else’s negligence. A single careless act can be all it takes to cut a cherished life short and leave the survivors behind to navigate through the emotional and financial wreckage.
While nothing can bring back the person you loved, you may be able to seek compensation from the parties responsible through a wrongful death claim. If someone else’s misconduct led to the death of your close family member in the Fishers area, consider reaching out to the Fishers wrongful death attorneys at Hensley Legal Group.
Hensley has been standing up for grieving Indiana residents for more than a quarter century. We are committed to easing the economic burden caused by an untimely passing.
Call (317) 472-3333, chat with us online, or complete our contact form for a free case review with a Fishers wrongful death lawyer.
Common Indiana Wrongful Death Cases
A death is classified as “wrongful” under Indiana law when it is “caused by the wrongful act or omission of another.” When a wrongful death occurs, certain individuals may be permitted to initiate a claim against the at-fault parties for the damages incurred, such as funeral and burial expenses and loss of monetary support.
Many different incidents can provide grounds for an Indiana wrongful death case, including:
Motor vehicle accidents – Auto accidents are the number one cause of wrongful deaths across the United States. Indiana sees a significant number of fatal collisions each year, including 955 vehicular deaths in 2022 alone, most of them the result of a driver’s negligence.
There are multiple factors that can contribute to a deadly motor vehicle accident, including:
- Exceeding a safe speed
- Distracted driving
- Texting behind the wheel
- Driving while intoxicated
- Disregarding traffic control signals
- Reckless driving or drag racing
- Poor road maintenance and conditions
Most collision-related wrongful death cases are brought against private parties, such as a vehicle’s driver or owner, but government entities may be involved in some situations, which could require a plaintiff to meet further requirements.
Product liability – Indiana law mandates that manufacturers, distributors, and retailers of consumer goods must make sure that their products are safe. However, not every company honors this obligation, choosing instead to sell dangerous merchandise to an unsuspecting public, sometimes inflicting grievous bodily harm. Victims injured by products could be eligible to seek compensation through a product liability case, which typically involves one of three types of negligence:
- Design defects – The product was conceived in a flawed manner.
- Manufacturing defects – The product was not produced properly.
- Failure to warn – The dangers of the product were not sufficiently explained.
When an Indiana resident is killed by a defective product, the parties who brought it to market could be subject to wrongful death litigation.
Product liability cases can be challenging, requiring proficiency with complex technical details to establish negligence. Our Fishers wrongful death attorneys are highly adept at putting together airtight claims on behalf of the families of deceased consumers.
Medical malpractice – Doctors, nurses, and other caregivers who harm patients by deviating from the accepted standard of care could be held liable through a medical malpractice claim. There are approximately 940 medical malpractice cases filed each year in the State of Indiana, many of them on behalf of victims who died from misconduct. Malpractice can take many forms, but examples of medical negligence that could cause wrongful death include:
- Failing to diagnose
- Surgical errors
- Improper anesthesia
- Unnecessary childbirth injuries
- Prescription and medication mistakes
- Malfunctioning medical devices
A plaintiff may require skillful legal representation to achieve a favorable outcome in a wrongful death action against negligent healthcare providers and their insurance companies.
Who Can Pursue a Wrongful Death Case?
While one death can impact many lives, not everyone is eligible to bring a wrongful death action in Indiana. Plaintiffs are typically limited to the deceased’s family, and even then the decedent’s age will largely determine who can file suit.
Child decedents – When the deceased is a child, one or both of the parents must file the wrongful death claim. If the parents are divorced at the time of death, the case must be filed by the parent with legal custody. If both parents are also deceased or their parental rights have been terminated, the child’s legal guardian needs to file the case. For the purposes of wrongful death claims, Indiana law defines a “child” as:
- An unmarried individual younger than 20 without dependents;
- An unmarried individual younger than 23 without dependents who is enrolled in a college, a career or technical school, or a comparable program; or
- A fetus that has reached viability.
Adult decedents – When the deceased is a legal adult who does not meet the above criteria, the wrongful death claim can only be filed by the personal representative or executor of his or her estate. In most cases, this would be the surviving spouse, adult children, or parents of the decedent.
Regardless of the deceased’s age, a plaintiff has a limited period to file a wrongful death claim, known as the Statute of Limitations, which is two years in the State of Indiana. Failure to file a lawsuit or otherwise resolve a case before this window closes could bar the plaintiff from recovering full compensation.
Our detail-oriented Fishers wrongful death lawyers will ensure that all filing deadlines and statutory requirements are satisfied to establish a legitimate claim on behalf of your deceased loved one.
What Our Wrongful Death Attorneys Can Do for You
We can only imagine how difficult it must be for you and your family right now. Without warning, someone who was a significant part of your life, someone who was there for the good times and the bad ones, someone whose love and support you had hoped to count on for years to come has been taken from you. You may be having trouble dealing with the flood of emotions unleashed by this absence, including sorrow, confusion, and also anger – anger that your loved one’s death was the avoidable result of somebody else’s thoughtless actions.
When a tragedy like this strikes, you need attorneys with the compassion to support you during your struggles and the steely determination to get justice for the one you lost. You need the Fishers wrongful death attorneys at Hensley Legal Group.
At Hensley, we have dedicated our practice to fighting for the rights of the average Hoosier. We will never let the intimidation tactics of large insurance companies prevent us from doing what is necessary to serve our clients.
If you decide to retain our firm, we will conduct a thorough investigation to identify everyone who may be responsible for your loved one’s death within the time allotted by law. We will also take prompt action to secure the evidence to support your claim, coordinating our efforts with leading experts in their fields if circumstances warrant it.
Once we have put together the strongest case possible against all the at-fault parties, we will negotiate with their insurance carriers to reach a settlement that takes the entirety of your damages into account, including:
- Medical expenses
- Burial and funeral bills
- Lost companionship and support
- Emotional and psychological trauma
- Punitive damages
And if we do not receive an offer that is commensurate with your loss, we are more than willing to go to trial for a verdict or judgment that is.
It may be hard to imagine the future without someone so important to you in it, but Hensley will always strive to get you the resources to live the life your loved one would have wanted for you.
How Much Will It Cost to Hire a Wrongful Death Attorney?
Recent events have probably put quite a strain on your family’s pocketbook. For this reason, though you may be interested in obtaining professional assistance, you are reluctant to do so because you are concerned about what it will cost.
You may be pleased to learn that it will cost you nothing to hire Hensley Legal Group because we work on a contingency basis. This means that you will never have to pay us anything until our Fishers wrongful death attorneys win your case. It is our way of saving our clients additional worries when they already have more than anyone should have to bear.
Speak With Our Fishers Wrongful Death Lawyers Today
Hensley Legal Group has been fighting for the everyday people of Indiana for over 25 years. If your family has lost a loved one because of another party’s negligence, speak with our Fishers wrongful death lawyers today to learn how we can begin to make things right.
Schedule a no-cost consultation with a knowledgeable wrongful death attorney by dialing (317) 472-3333, chatting with us online, or completing our contact form.