Tag Archives: wrongful death attorney

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

Trying the Motorcycle Accident Case Before a Jury, Part II–Preparation of Evidence in Motorcycle Accidents Involving Truckers

Evidence is the cyclist’s best friend

Motorcycle accidents involving trucks require a significant amount of time, energy and financial resources to litigate. An experienced plaintiff’s attorney will be knowledgeable of interstate commerce rules and regulations, including their own state’s legislation pertaining to the trucking industry. And the early acquisition of evidence favoring the motorcyclist’s actions is crucial to adequate preparation for a motorcycle accident claim.

Early in the investigation, it’s imperative that the trucking company’s records, logbooks, employment manuals, driver history and other relevant corporate documentation be acquired through a Request for Production and reviewed in detail by plaintiff’s attorney. A private investigator will be hired to talk to witnesses and obtain statements for the record before memories fade. The investigator will further use his or her expertise to research the driving records and criminal history, if such history exists, of the truck driver. He or she will also look into the history of the trucking company and mine for pertinent information.

In addition, experts may be hired, particularly in the case of trucking accidents involving motorcycles, to photograph the scene of the accident, record and document any evidence before it can be destroyed. A forensic expert may be employed to reconstruct the accident under similar circumstances, photograph the scene under similar lighting conditions and write a detailed report which may include an assertion on the stopping distances relative to the speed of the vehicles involved. The forensic report will be submitted as evidence and the expert’s testimony will likely be called upon at trial before a jury.

Rebuffing insurance company defenses in motorcycle accident claims

Lawyers representing the insurance company’s interests often use the defense that the motorcyclist’s profile was too small to be seen, thereby affecting the driver’s ability to be aware of their existence and proximity. To rebuff defendant’s claim and derail any jurist’s negative emotions about cyclists being risk-takers, it’s necessary for counsel to immediately obtain rider’s clothing if available. Many clothing manufacturers specializing in cyclist’s apparel sew a reflecting material or threads into their garments for the safety and protection of riders. The fact that a cyclist may have purchased specialized clothing can be used to illustrate to the jury that claimant was a responsible and safety-conscious rider.

Experienced lawyer mounts a thorough investigation of the motorcycle crash

A vast amount of attorney’s time and resources must be allocated to the investigation process—before the attorney sets foot in the courtroom. Charlie Ward is a personal injury attorney experienced in litigating accidents and wrongful death claims involving motorcycles and trucking accidents. The law office of Ward & Ward receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie today at 317-639-9501 to discuss your motorcycle accident and receive a free analysis of your claim.

Charlie Ward

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