South Bend Wrongful Death Lawyer

A sudden death can be devastating, and its impact can be even greater when it is caused by somebody else’s negligence. A moment’s carelessness can cut a life needlessly short and leave behind a traumatized family to sift through the wreckage.

While nothing can ever bring your loved one back, you may be eligible to ease the economic burden of an untimely passing with a wrongful death claim, though the State of Indiana puts strict limits on these types of cases. To increase your chances of success, reach out to the South Bend wrongful death attorneys at Hensley Legal Group. We have been dedicated advocates for grieving Hoosiers for more than a quarter century.

To arrange a free case review with a South Bend wrongful death lawyer, call (317) 472-3333, chat with us online, or complete our contact form.

What Is a Wrongful Death Case?

Every state has its own set of rules governing wrongful death cases. In Indiana, a death is classified as “wrongful” if it is “caused by the wrongful act or omission of another.” In the event of a wrongful death, the deceased’s “personal representative” may file a claim provided that the deceased might have done so as well “for the same act or omission” that led to the death.

Indiana law imposes specific constraints on the allocation of wrongful death damages, with the deceased’s estate receiving funds earmarked for the repayment of medical, hospital, funeral, and burial bills before the remainder can be distributed to any heirs. Furthermore, there may be caps on recovery for lost love and companionship, grief, and punitive damages depending on the decedent’s age and other factors.

The state also curbs how long a claimant has to file a wrongful death case, known as the Statute of Limitations. The Statute is two years from the date of death in Indiana wrongful death cases. A claimant who fails to file a lawsuit or resolve a claim before the Statute expires could be barred from ever doing so.

Hensley’s meticulous South Bend wrongful death attorneys will satisfy all requirements and deadlines so that you have a valid claim.

Can You Pursue a Wrongful Death Claim?

The loss of one life can affect countless others, but not all of them can pursue a claim for that death in Indiana. A wrongful death plaintiff generally needs to be a close family member, though who exactly it is may be determined by the age of the deceased.

Child decedents – One or both parents must file a wrongful death lawsuit when the decedent is a child, which Indiana’s Child Wrongful Death Statute defines as:

● An unmarried individual without dependents who is under age 20;

● An unmarried individual without dependents who is under age 23 and enrolled in a college, a career or technical school, or a comparable training program; or

● A fetus that has reached viability.

If the parents are divorced, the parent who has legal custody needs to file suit. If both parents are deceased or their parental rights have been terminated, the wrongful death claim will have to be brought by the child’s legal guardian.

Adult decedents – When the deceased is age 18 or over and does meet the other criteria for child decedents, his or her personal representative or estate executor needs to file any wrongful death lawsuit. Most often, this would be done by the decedent’s spouse, adult children, or parents.

Our South Bend wrongful death lawyers can advise you of your eligibility if you are considering wrongful death litigation.

Types of Wrongful Death Claims

A number of deadly incidents could form the basis for a civil case. Some of the most common types of wrongful death claims include:

Medical malpractice – Patients who are injured by improper medical treatment may be able to go after their practitioners financially. Each year, there are about 940 medical malpractice cases filed in Indiana and about 17,000 filed nationwide. In many of these claims, the patient died as a result of medical negligence, which may involve:

● Failing to diagnose

● Misdiagnosis

● Delayed diagnosis

● Mistakes during surgeries and non-surgical procedures

● Improper anesthesia

● Prescription drug errors

● Malfunctioning medical devices

● Preventable birth injuries

Hensley’s South Bend wrongful death attorneys are adept at uncovering breaches of duty by caregivers that contributed to a patient’s death.

Car and truck accidents – Vehicular negligence is the leading cause of wrongful death, with 955 fatal crashes in Indiana and nearly 43,000 across the country just in 2022. Most deadly car and truck accidents are caused by driver misconduct, examples of which may include:

● Exceeding a safe speed

● Distracted driving

● Intoxication

● Fatigue

● Inappropriate use of phones and handheld devices

● Ignoring traffic signs and signals

● Reckless driving or drag racing

● Neglecting to adjust to poor weather or road conditions

Regardless of the cause of a fatal motor vehicle accident, we believe the ones responsible for it should be held accountable.

Product liability – The manufacturers, distributors, and retailers of commercial goods have a legal obligation to make sure that they are safe, but far too many place their profits above the public’s well-being and release dangerous merchandise that can inflict harm. When this happens, an injured consumer could initiate a product liability claim, which typically involves one of three kinds of negligence:

● Design defects – Improper conception at the design level created an unsafe product.

● Defective manufacturing – A potentially safe product was manufactured in such a way that the end result was unsafe.

● Failure to warn – The risks associated with an otherwise safe product were not explained adequately.

A fatal injury caused by a hazardous product could provide grounds for a wrongful death case. Our South Bend wrongful death lawyers are proficient at crafting compelling arguments with the complex technical information underlying most product liability claims.

What Our Wrongful Death Attorneys Will Do for Your Case

The unexpected loss of someone precious can leave a family overwhelmed by a flood of emotions, including sorrow, confusion, fear, and especially anger when that loss was the entirely avoidable consequence of a thoughtless act by a thoughtless actor.

You need attorneys who can guide you through this troubling time and ensure that the liable parties do not escape justice. You need the South Bend wrongful death attorneys at Hensley Legal Group. We have been fighting for the innocent victims of negligence since 1998, and we are eager to do the same for you.

If you choose to retain our firm, we will conduct a thorough investigation into everyone at fault for the wrongful death and assemble the materials to support a claim of negligence against them, taking steps to prohibit its destruction if the situation calls for it.

If evidence of wrongdoing on the part of the defendants exists, our South Bend wrongful death lawyers will work tirelessly to find it.

Get Compensated for All Your Losses

Once we have put together an airtight case against every culpable party, we will attempt to negotiate a settlement that gets you compensated for all your losses, including.

● Medical, hospital, funeral, and burial expenses

● Termination of monetary support

● Psychological counseling

● Lost love and companionship (when permitted)

● Punitive damages (if applicable)

And unlike some of our competitors, who rarely, if ever, set foot inside a courtroom, we are not afraid to go to trial if we do not receive an offer that is worthy of your claim.

Indiana law may curtail the scope of wrongful death recovery, but Hensley will always strive to get you the maximum amount available.

What Will It Cost to Hire a Wrongful Death Attorney?

You might be worried about incurring additional costs when you can least afford them. Fortunately, Hensley Legal Group works on a contingency basis, so you will not have to pay us anything until our South Bend wrongful death attorneys win your case.

It may be difficult to imagine the future right now, but our firm is committed to getting you the resources necessary to enjoy the life your loved one would have wanted for you.

Talk to a South Bend Wrongful Death Lawyer Today

Hensley Legal Group has stood firmly with the everyday people of Indiana for over 25 years. If you are struggling to cope with the loss of someone you love, talk to a South Bend wrongful death lawyer today to explore your legal options.

Schedule a complimentary consultation with one of our knowledgeable wrongful death attorneys by calling (317) 472-3333, chatting with us online, or completing our contact form.