Death is one of the harshest realities of life. A loss often seems easier to bear when our loved one lived a long, full life. If someone died too soon, knowing he or she did not suffer can bring us peace. Yet, as a family member of an Indianapolis wrongful death victim, you might feel robbed of these comforting thoughts.
When it comes to grief, everyone reacts differently. Shock, anger, numbness, and anxiety are natural reactions to a sudden loss. You might even feel guilty, wishing you could have done something to prevent the fatal event. The wrongful death attorneys of Hensley Legal Group sympathize with you.
We care about the family members of wrongful death victims. Our strength in Indiana wrongful death law has helped hundreds of Indianapolis families. To learn how we can make a difference for your family, call us at (317) 526-1440 or complete the contact form to schedule a free legal consultation.
Understanding How Indiana Law Defines Wrongful Death Cases
Some accidents are no more than the result of unfortunate circumstances. Perhaps your loved one was simply in the wrong place at the wrong time. No matter the details, you can take legal action after losing a loved one if the incident meets the Indiana law definition of wrongful death.
A wrongful death action is a type of personal injury lawsuit. When someone is injured, he or she can sue the person who is legally responsible for the accident. If a person dies as a result of a personal injury accident, the spouse, children, or parents may file a wrongful death claim in the name of their loved one. In general, a wrongful death lawsuit must include certain factors.
Failure to fulfill a duty
People have varying degrees of responsibility to each other. For example, drivers have a legal duty to operate their vehicles safely to avoid endangering other motorists. A caregiver at a nursing home must take good care of residents.
Who will hold these people accountable? Indianapolis wrongful death attorneys win legal claims by proving death resulted from a person failing his or her duty.
The breach of duty caused fatal injuries
Sometimes, even when a person or company does the wrong thing, no actual harm is done. The basis of an Indianapolis wrongful death lawsuit is injury or death. If your loved one died as a direct result of someone’s negligence or willful wrongdoing, you likely qualify to file a claim on behalf of the deceased person.
The death caused damages
Damages in a wrongful death claim represent the negative consequences that your family faces due to losing a loved one. These damages might be financial difficulties or emotional losses.
If your loved one lost his or her life due to someone else’s negligence, Hensley Legal Group encourages family members to contact our law firm for a free consultation. Do you have questions regarding wrongful death claims in Indianapolis? A wrongful death attorney can explain your rights.
Determining What Type of Indiana Wrongful Death Claim to File
Any personal injury claim that results in death might be eligible for wrongful death benefits. The Indianapolis wrongful death attorneys at Hensley Legal Group handle many different types of wrongful death cases.
Medical professionals must deliver services according to a certain standard of care. A patient can seek medical malpractice damages if he or she suffers an injury due to a medical professional’s negligence. Surgical errors, prescription mistakes, and birth fatalities caused by misuse of forceps are examples of potential medical malpractice claims.
Before a product hits the shelves, it goes through a chain of manufacturing:
- Designers develop the plans and make critical decisions about what materials to use and how the product will work
- Manufacturers obtain parts and assemble it
- Wholesalers and retailers make it available to consumers
Was your loved one’s death a result of a product gone wrong? An experienced Indianapolis wrongful death attorney can determine whether a product liability claim is right for you. Our law firm has won many cases involving defective auto parts and medical devices, such as the Takata airbag and Stryker v40 hip implant.
Above all, our hardworking personal injury lawyers fight hard to win maximum compensation for clients injured by faulty products.
Car or truck accidents
In 2018, 111 fatal vehicle collisions took place in Marion County. Was your loved one a victim of the negligent actions of another driver? An Indianapolis wrongful death lawyer can thoroughly investigate to find the truth.
For instance, he or she will look for evidence of negligent driving practices, such as:
- Driving under the influence of drugs or alcohol
- Driving while distracted or fatigued
- Speeding or disobeying traffic signals
- Driving without corrective lenses (when prescribed)
- Driving too fast for weather conditions
Surviving family members can obtain a free consultation by calling (317) 526-1440 or completing the contact form. There is no obligation; get your questions answered and set your mind to rest by calling Hensley Legal Group today.
Accidents can happen anywhere, even at the workplace. Employers have a responsibility to make working conditions as safe as possible for employees. Unfortunately, Hoosiers were involved in 146 fatal injuries in 2019.
Indianapolis wrongful death lawyers can help you if your loved one died in a preventable accident at work. In other cases, surviving family members need help because insurance companies refuse to pay compensation for the medical bills, funeral expenses, or other valid claims.
Facing unreasonable employers and insurance companies is tough, but the wrongful death lawyers of Hensley Legal Group are here to lend a helping hand. We can decode the worker’s compensation system for you and start a legal process to reverse unjust denials. To schedule an appointment, chat with a live representative now.
In premises liability accidents, property owners would be liable for injuries if:
- They failed to make reasonable efforts to make their property safe
- They failed to warn visitors of known hazards
In Indiana, family members can file a wrongful death claim for qualifying premises liability accidents:
- Dog bites
- Slip and fall accidents
- Elevator and escalator accidents
- Drownings and swimming pool accidents
- Toxic fumes or chemicals
- Assaults in locations with inadequate security
Are you unsure of what type of wrongful death claim to file for your loved one? Please contact our office at (317) 526-1440 or visit the corresponding section of our website.
Why You Should File a Wrongful Death Claim
Pursuing a wrongful death claim can be intimidating, but it might be your only way to get the compensation you need to support your family. At Hensley Legal Group, we want you to feel good about your decision, so we support our clients by:
- Answering questions about wrongful death cases and how they work
- Keeping them informed about the status of their claims
- Negotiating to get you the highest settlement that we can
- Having representatives available to take your message 24/7
Some families who have experienced wrongful death losses feel better after taking legal action. Wrongful death claims are a way to seek justice on behalf of their loved ones. Knowing that the accountable parties were held liable for their actions can bring a sense of peace to grieving survivors.
Wrongful death cases also send a strong message to others that might engage in similar behavior. Paying damages as compensation shows that malicious and negligent acts are not acceptable.
Estimating Damages in Indiana Wrongful Death Lawsuits
At Hensley Legal Group, we understand that quantifying the loss of a loved one is impossible. The last thing you should have to worry about is how to afford funeral costs. Yet, a wrongful death case can help you recover financially after losing a loved one.
In Indiana, the amount of damages you can recover from a wrongful death suit depends on your relationship with the deceased. the representative of the deceased victim can recover:
- Funeral and burial expense
- Medical expenses
- Depending on your relationship with the deceased, you may also receive:
- Costs of counseling for parents or minor siblings
- Loss of love and companionship (capped at $300,000 in some cases)
- Loss of future earnings
Again, Indiana has very strict laws about what damages the deceased person’s representative or estate can receive from a wrongful death lawsuit. No two cases are exactly the same. Our experienced Evansville personal injury attorneys can tell you how Indiana’s wrongful death statutes apply to your case, and will be honest about what you can expect in terms of compensation.
Meeting the Deadlines of Your Wrongful Death Case
Even the strongest wrongful death cases cannot win compensation if these do not meet certain criteria set by the State of Indiana. For example, the statute of limitations sets a maximum time period after a wrongful act to file a legal proceeding.
Insurance companies also impose deadlines on how long you can claim loss of income and funeral costs for your family member.
If you suspect another person contributed to your loved one’s death in Indiana, please contact Hensley Legal Group as soon as possible.
Contact a Caring Indianapolis Wrongful Death Attorney Today
Our law firm understands that a person serving as a personal representative for a loved one is under a lot of stress. While you are waiting on a settlement, medical bills, funeral and burial costs, and other expenses might begin to accumulate. Hensley Legal Group has arranged a contingency system to avoid adding out-of-pocket legal fees to your load.
When we negotiate a settlement, we ensure your lawyer and Indiana court fees are part of the package. If you don’t win compensation, you don’t owe us anything. Hoosiers of all backgrounds benefit from the strength and experience of Hensley Legal Group.
Call (317) 526-1440 to set up a home or virtual visit whenever is convenient for you. Phone lines are open 24/7, 365 days a year.