Tag Archives: loss of parent

How Do I File a Wrongful Death Claim?

Indianapolis IN Accident Attorney

Who can bring a wrongful death claim?

If your spouse, parent, or other relative on whom you depend dies from injuries sustained because of the wrongful act or omission of someone else, you have the right to bring a wrongful death action against the person or entity responsible.

Filing a wrongful death claim in Indiana

Call personal injury and accident lawyer Charlie Ward today for a free consultation

As soon as you are able after the death of your loved one, you should contact an Indianapolis wrongful death attorney to protect your right to compensation. Your wrongful death attorney will want as much time as possible to investigate the details of the case before filing with the court—do not wait until the last few months before the statute of limitations runs out.

What acts can lead to a wrongful death lawsuit?

According to Indiana law, if your loved one could have maintained a lawsuit against the person who caused his or her injury and death, and if you depended on your loved one for support, then you are entitled to bring a wrongful death suit on his or her behalf.

Typical acts of negligence that may unfortunately lead to a wrongful death include:

  • Medical malpractice
  • Motor vehicle accidents caused by driving while under the influence of alcohol or drugs, driving while texting, driving while distracted, or other negligent behavior behind the wheel
  • Negligent design or hazardous conditions created by the building owner or management
  • Other catastrophic injury resulting from negligence or recklessness

What compensation is available in a wrongful death suit?

Typically, damages permitted in a wrongful death case include:

  • Medical, hospital, funeral and burial expenses
  • Compensation for your loved one’s pain and suffering in any period of consciousness between injury and death
  • Losses you suffered as a result of your loved one’s death, including: loss of financial support; loss of service; loss of gifts and other valuable gratuities; loss of parental training and guidance; and loss of society and companionship

Skilled and seasoned Indianapolis personal injury attorneys working to protect your rights

If you recently lost a loved one due to the negligent actions of someone else, the wrongful death attorneys at Ward & Ward can help ensure that you do not suffer needless financial distress in addition to mourning your tragic loss.  Ward & Ward invite you to contact them as soon as possible to arrange a free initial consultation about your case, by phone at 888-316-3449, through their website, or simply by visiting their conveniently-located Indianapolis office.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

Evaluating Damages for Personal Injury Claims, Part II – Non-Economic Losses

Non-Verifiable Losses – Intangibles

In a previous article, Evaluating Damages for Personal Injury Claims, Part I – Economic Losses, I explained that a personal injury attorney’s initial objective is to see that their client is fairly compensated for verifiable economic losses resulting from the negligence of another party. Economic losses include medical expenses, a loss of earnings, disability costs, property damages and burial and funeral expenses connected to wrongful death claims. These are financial losses that can be receipted and projected with a calculator and by economic analysis. After counsel has determined claimants estimated economic losses, he or she will ascertain if their client has suffered non-economic losses.

What are non-economic losses?

Non-economic losses are often termed “pain and suffering” and are difficult to assign a dollar value to because they are subjective and non-verifiable. Non-economic losses of pain and suffering can severely hamper the “quality of life” experience. They are tort damages for harms and may include physical trauma and impairment, emotional distress, injury to reputation, humiliation, disfigurement, sterility, loss of organs, severe pain, loss of enjoyment of life, death of a loved one, loss of affection and many other intangibles. An experienced personal injury lawyer will use his knowledge of trauma and injuries to fairly evaluate client’s non-economic losses.

Though any plaintiff may be eligible to recover for non-economic damages, they become especially important to persons who do not work outside of the home such as children, the elderly and homemakers.  For example, a homemaker’s love, guidance, companionship and services provided to his or her children and spouse are not easily measured by a dollar amount, and might only be compensated via non-economic damages.

Frequently, accidents change the lives of victims and their unprepared loved ones in significant ways. A spouse’s injuries from a traumatic car, motorcycle or trucking accident can, and often does, place a serious marital strain on even the best of marriages. And consider the loss and affection of a beloved child deceased because of the negligence of another. Parental bereavement can expose profound emotional distress so acute that it may become impossible for even a well-grounded marriage to survive the wrongful death of a minor or adult child. These scenarios are monetarily immeasurable “quality of life” issues and should not be confused with punishing or punitive damages. The availability of “Non-economic” damages offers a recovery vehicle for just, fair and reasonable losses.

Experienced personal injury and wrongful death attorneys

If you or someone you know has been injured in a motor vehicle accident, it’s important to speak with an experienced personal injury attorney right away — someone who understands how your injuries may affect your life going forward — and before the statute of limitations runs. The law firm of Ward & Ward has over 80 years of combined experience in personal injury law including accident and wrongful death claims. Our firm receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim. Our attorneys are available to speak with you.

Charlie Ward

(317) 639-9501

www.wardlawfirm.com

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225