One of the most painful experiences that a person goes through in life is the loss of a loved one in death. The grief can be even greater if the accident could have been prevented. The wrongful death of a loved one can leave family members in Indiana overwhelmed with sadness and emotional distress and also facing serious financial issues.
At Hensley Legal Group, we understand that no amount of money can compensate for the death of someone you loved. However, our compassionate personal injury lawyers can help you file a wrongful death lawsuit or claim which can ease your financial burden during this difficult time. We care about our clients and are committed to helping them seek compensation and justice for the loss of their loved ones.
If you have lost a loved one in death as a result of someone’s negligence, then we encourage you to contact our law firm today. Our personal injury attorneys handle wrongful death claims throughout the State of Indiana, and we have helped our clients recover millions of dollars in damages over the years. Call us, fill out the online evaluation form, or start a live chat to schedule a free consultation.
What is a Wrongful Death Claim?
“Wrongful death” is the legal term used for the loss of life due to someone’s negligent or deliberate actions. A wrongful death claim allows the family members of a person killed in an accident to pursue compensation for funeral and burial expenses and other financial losses they have suffered as a result of their loved one’s death. Each state has its own individual statutes that govern who is entitled to file a wrongful death claim.
In the State of Indiana, the personal representative for the deceased person’s estate is allowed to file a lawsuit if the deceased is an adult. This would typically be the deceased’s surviving spouse, adult children, or parents. In the heartbreaking situation where the person who was killed was a child, the parents can file a wrongful death claim.
There is a limited amount of time during which a wrongful death claim can be filed. In Indiana, the statute of limitations is 2 years from the date of death. If you’re considering pursuing compensation, contact a wrongful death lawyer with Hensley Legal Group as soon as possible to ensure that everything can be filed before the deadline passes.
Examples of Wrongful Death Lawsuits Our Law Firm Handles
A wrongful death may be caused by a number of different factors and situations. The following are some of the different types of wrongful death cases our law firm handles:
Motor vehicle accidents
Car accidents are the most common cause of wrongful deaths in the United States. In Indiana, there were 813 fatal car crashes in 2020. The majority of motor vehicle accident fatalities are due to another driver’s negligence.
Contributing factors include:
- Texting and driving
- Alcohol or drug impairment
- Reckless driving
- Road construction
- Distracted driving
If a driver’s negligent actions resulted in your loved one’s death, then he or she could be held liable for the accident. In other situations, poor road conditions or maintenance have been the cause of a fatal crash, in which case the city or county may be held liable.
The majority of the doctors and nurses in Indiana are skilled medical professionals. Nevertheless, a physician or hospital sometimes fails to provide an accepted standard of care and wrongful death occurs. Even a minor error in prescriptions, diagnosis, or treatment can result in the wrongful death of a patient.
Medical malpractice errors that have resulted in wrongful deaths include:
- Anesthesia errors
- Surgical errors
- Birth injuries
- Defective medical devices
- Prescription errors
- Failure to diagnosis or misdiagnosis
If your loved one’s death was caused by a negligent healthcare provider, contact our law firm today. Our personal injury lawyers are not afraid to go up against big-name hospitals and their imposing legal teams. If negligence can be proven, we can help you recover compensation for your loss.
Some occupations in Indiana such as construction work or factory jobs have a higher risk for accidents, but a wrongful death can occur in many different work environments.
Causes of work-related deaths include:
- Fault machinery
- Fires or explosions
- Falls from ladders or scaffolding
- Improper training
Companies and employers in Indiana are required by law to follow regulations and implement certain safety standards to provide their employees with a hazard-free work environment. If a worker died while on the job, his or her surviving next of kin may be able to file a wrongful death claim against the employer for damages.
Manufacturers, suppliers, and retailers in Indiana have a legal obligation to ensure that the consumer products and goods that they sell are safe for their intended purpose. Sadly, product laws and guidelines are not always followed and consumers are seriously injured or lose their lives as a result.
If your loved one’s death was the result of a dangerous product, you may be entitled to compensation. A product liability claim is typically filed under one of the following three categories:
- Failure to warn
- Design defects
- Manufacturing defects
As your Indiana wrongful death attorneys, we will investigate the company and product that caused the death of your family member, take legal action against them, and pursue justice on your behalf.
Why Hire an Indiana Wrongful Death Lawyer
In the aftermath of losing a loved one, we understand that the last thing your family may want to think about is hiring an Indiana wrongful death attorney. However, there are many benefits to having a caring law firm on your side during this time of grief.
Talk to Hensley Legal Group to learn what we can do. Our Indiana law firm can provide your family with legal support so you can take time to focus on yourself and your family. Without having a personal connection to your loss, our attorneys can think clearly and focus on building a strong case for you. We can handle the tedious legal process and details of filing a claim, letting you heal.
The Indiana wrongful death attorneys at our law firm will also know how to accurately calculate the true value of your claim. During your consultations with our legal team, we encourage you to tell us the various ways that your family has been impacted by losing a loved one in death so that we know what types of damages to pursue on your behalf.
Your Indiana personal injury attorney may help you recover the following damages:
- Medical bills
- Burial and funeral expenses
- Loss of income
- Pain and suffering
- Loss of companionship
- Punitive damages
The majority of wrongful death claims are settled in negotiations with insurance companies out of court. At the same time, our wrongful death attorneys are prepared to take your case to trial if that’s what’s needed to obtain the compensation you and your family deserve.
Consult a Wrongful Death Attorney For Free
If you have lost someone you loved in an accident due to the negligence of someone else, then you may be entitled to financial compensation. The experienced attorneys at Hensley Legal Group will review your claim and help you navigate the options that are available to you under Indiana state law.
We understand that the sudden death of a family member may mean the loss of financial support as well, so we have made it easy for you to afford our assistance. When we take on your case, our law firm will represent you on a contingency fee basis. This means that you pay nothing out of pocket. Our attorneys only get paid if we are able to win you a favorable settlement or jury award.
The unexpected loss of a loved one is a tragedy no one should have to go through alone. The compassionate attorneys of Hensley Legal Group are standing by and ready to be of assistance to you and your family. Schedule a free case consultation regarding your wrongful death case by calling our law office or filling out the online form.