Providing Compassionate Assistance for Wrongful Death Matters in Indianapolis
Dedicated team of lawyers gives you the help you need
There’s nothing worse than losing someone close to you, especially if that person died due to someone else’s negligence. When you need to take legal action against the responsible parties, call upon a wrongful death attorney in Indianapolis. Our experienced attorneys, Don Ward and Charlie Ward, of Ward & Ward Law Firm, hold individuals, businesses and organizations accountable for their actions or negligence. After a wrongful death, don’t hesitate to give us a call.
Common causes of wrongful death in Indiana
If another party is responsible for the death of someone close to you, you may be able to file a lawsuit for wrongful death and seek compensation for medical expenses, loss of financial support, funeral and burial costs, and loss of companionship. In some situations, you may also seek punitive damages to help prevent the same thing from happening to someone else in the future. The following are the most common causes of wrongful death in our state:
Auto accidents. Car crashes happen on Indiana’s roads and highways all the time, and many result in serious injury or death. Auto accidents occurring at high rates of speed or involving trucks or other large vehicles are more likely to be fatal.
Medical malpractice. When a doctor, nurse or other medical professional makes a significant error, the consequences could be deadly for the patient. Many wrongful death claims are the result of medical malpractice.
Nursing home neglect or abuse. Nursing home employees and doctors are held to a high standard of duty and responsibility to those entrusted to their care. When a medical caretaker or provider acts in a negligent or an abusive way that causes the death of a patient, the providers, may be held liable.
Negligence. Property owners and product manufacturers who fail to provide safe premises and products may be liable for wrongful death if a fatal accident occurs due to negligence.
Construction accidents. Construction sites are dangerous places, and while workers realize the hazards of their jobs, it’s the responsibility of their employers to provide a relatively safe work environment to prevent serious accidents.
Pursuing legal action after a wrongful death
According to Indiana law, spouses and dependents of the deceased may file a wrongful death lawsuit. In addition, only the personal representatives of an unmarried adult person with no dependents may take action against someone they believe caused the death. You must file a claim within two years of the incident that caused the death. A judge will determine the amount of compensation you receive unless you settle out of court. It’s important to note that the limit for damages is $300,000; even if a jury awards more, the court will likely reduce it to the maximum amount allowed under the law.Wrongful Death FAQsIf a person is killed as a result of another individual’s negligence or recklessness, the victim’s family can file a wrongful death lawsuit with the help of a wrongful death lawyers serving Indianapolis, IN. These lawsuits are not meant to “replace” the victim, but instead are meant to compensate the family for the tragic loss of their loved one. The compensation received can help the family with the financial loss the victim’s death has caused them. If your family has lost a loved one due to the actions of someone else, contact Ward & Ward Law Firm in Indianapolis, IN to speak with one of our wrongful death lawyers.Under what circumstances can a family file a wrongful death lawsuit?There are certain elements that must be met in order for a wrongful death claim to be made. These are:
The victim died
Their death was the result of negligence, recklessness, or harmful intent
The victim’s family has suffered financial injury because of the death
An appropriate family member or estate representative is willing to file the wrongful death lawsuit
What are the types of incidents where a wrongful death claim may be filed?Although there are countless situations where a Indiana family can bring forth a wrongful death lawsuit with the help of wrongful death lawyers in Indianapolis, IN, the most common include:
Motor vehicle accident
Work-related accident or illness
Exposure to hazardous or toxic substances
Train or bus accident
Does there have to be criminal charges filed against the at-fault party in order to file a wrongful death lawsuit?There are many cases where the party named in a wrongful death lawsuit also has criminal charges pending, however, it is not a requirement of a wrongful death lawsuit. And in cases where there are criminal charges, the family can still file a wrongful death lawsuit even if the criminal charges are dropped or the person is acquitted. One of the most famous examples of this type of case was the O.J. Simpson case. Simpson was found not guilty in criminal court for the murders of his ex-wife and her friend. But several years later, both families of the victims and their prevailed in civil wrongful death lawsuits when the jury awarded them millions of dollars, finding that Simpson was responsible for the victim’s deaths.In many cases, a wrongful death lawsuit award is the only justice the victim’s family have.However, keep in mind, you do not want to wait until the criminal charges have reached their conclusion to file a claim with a wrongful death lawyer in Indianapolis, IN, as every state has a statute of limitations as to how long the family has to file a wrongful death claim.Who can file a wrongful death claim?Each state has its own laws regarding who can file a wrongful death claim, however, in general, the order of survivors is:
The spouse and children of the victim (or grandchildren)
The parents of the victim
The siblings of the victim (or nieces and nephews)
Anyone who was financially dependent on the victim for support
A representative of the victim’s estate (on behalf of the estate)
If you have any additional questions, do not hesitate to reach out to us at Ward & Ward Law Firm and speak with team of experienced wrongful death lawyers in Indianapolis, IN.
Work with a compassionate team of Indianapolis attorneys
During this difficult time, you need a lawyer who works tirelessly to get results for you and your family. Don’t hesitate to call Ward & Ward today. You may also contact us online. We offer free initial consultations, and our office is conveniently located in downtown Indianapolis, just blocks from Lucas Oil Stadium.