Wrongful Death Lawyer Indianapolis, IN

Seeking Justice After a Case of Wrongful Death

Every year, according to the Centers for Disease Control and Prevention, approximately 37 million people are unintentionally injured each year. A number of these injuries will result in the death of the victim. When negligence, wrongdoing, or carelessness causes a person to lose their life, family members may be overwhelmed and distraught. Often, this situation is one of the worst things to have occurred. Although it may be difficult to think about legal action, it is highly recommended that loved ones do not delay in exploring their options. Our Indianapolis, IN wrongful death lawyer can navigate your family through this process. Contact Ward & Ward Personal Injury Lawyers today. Attorney Charles Ward has been awarded the AV® Preeminent™Peer Review RatedSM by Martindale-Hubbell®, so you know you are getting the right lawyer for the job.

We sympathize with what you are going through and would like to extend our utmost support and condolences to you and your family. We also know that you may be faced with a copious amount of bills related to the death, and unsure about how you will pay them. Hiring a wrongful death lawyer is essential to recover the damages you may be entitled to. 

How Our Wrongful Death Lawyer Can Help You

 Losing a loved one is always hard. If they died in an avoidable accident, it can be especially difficult. Every wrongful death attorney  has witnessed the traumatic aftermath of tragic situations like these. Family members may wonder if there is any justice possible or a way to hold the guilty person responsible. Sometimes loved ones have legal options they can pursue against the person who killed their spouse, child, or sibling. Call our firm and request a free consultation with a wrongful death attorney who may be able to help you.

The Wrongful Death Claims Process

If you choose to file a wrongful death claim, the process may unfold in a few ways, depending on your circumstances and your goals for your case. Some claims are resolved after an insurance company, multiple insurance companies, and/or other responsible parties offer a settlement that the loved ones of the deceased believe is fair. However, there are other scenarios in which loved ones choose to pursue arbitration, mediation, attorney-led negotiation, and even trial to obtain fair compensation from those whose conduct led to their loved one’s death. 

Wrongful Death Claims Basics

Generally speaking, the spouses, children, and parents of someone who passed away due to another’s actions or inactions have grounds to bring a wrongful death suit. As does the individual managing the estate of the deceased. However, state laws are varied in this regard. As a result, it’s important to speak with an attorney if you’re unsure of whether you have standing to bring a wrongful death claim. You should also keep in mind that wrongful death claims are affected by a “ticking clock” known as statute of limitations restrictions. These regulations dictate how much time can pass before eligible individuals can no longer bring a wrongful death suit under the law. Generally speaking, the sooner you talk to an attorney, the better. Even if you “technically” have several months or a few years to explore your options, as time passes, evidence can become compromised. Acting quickly will help to ensure that your claim is as strong as possible.

Examples of Wrongful Death Claims

The untimely death of a loved one can be devastating. For many people, this will be one of the most difficult periods of life. When the death was avoidable, but happened because of the negligent actions of another person, emotions can run particularly high. Known as a wrongful death, these situations may be open to recovering compensation. 

Components Necessary to Win a Wrongful Death Lawsuit

The following four components need to be proven by a wrongful death attorney to win a wrongful death lawsuit:

• Duty of Care — It has to be proven to the court by the Plaintiff that a duty of care was owed by the Defendant to the deceased victim. The example often used is that of an automobile accident where the Defendant is obligated to follow the traffic laws and cannot just drive without any regard to the law.
• Duty of Care was Breached — If the Defendant failed to follow traffic laws and as a result struck and killed the victim, the Defendant will have breached the implied duty of care.
• The Breached Duty of Care was the direct result of the death of the victim. If there was another element involved that contributed or was the cause of the victim’s death, the Defendant may not be held responsible for the death.

Understanding Criminal Charges and Civil Lawsuits

Depending on the circumstances of your loved one’s passing, legal authorities may deem it appropriate to charge that person with a criminal offense. Again, depending on what happened, they may be charged with one of the following crimes: Manslaughter. There are different types of manslaughter charges, the details of which can be explained in more detail by a wrongful death attorney:

1. Voluntary Manslaughter. The person did not have a plan to kill the other person and may not have intended to kill them even in the moment it occurred. An example is killing someone in the heat of passion, such as finding your spouse in bed with another person. In some jurisdictions, killing someone in self-defense may be ruled as voluntary manslaughter.
2. Involuntary Manslaughter. The primary difference between this charge of manslaughter as compared to voluntary manslaughter is the absence of the intention to kill the person. There are two types:
3. Constructive Manslaughter. This is when a person dies as a result of someone’s negligent or careless act. For example, if they steal a car and in committing this illegal act, they accidentally run over someone as they escape with the car.
4. Criminally Negligent Manslaughter. This is when the failure of someone to act causes a person’s death. For example, if a doctor does not treat a patient or administer treatment when it is necessary to their survival, their act of medical malpractice may be deemed a form of criminally negligent manslaughter.

Homicide. This is the act of someone intentionally killing another person.

Filing Criminal Charges

It is important to understand that only a law enforcement agent can arrest someone for murder. A private citizen cannot bring criminal charges against someone they believe killed a person. In addition: After the person is charged with manslaughter or homicide, it is up to the Indianapolis, IN prosecutor to decide if they want to pursue the charge or let the person out of jail. If the prosecutor and the defense attorney do not agree to a plea bargain, then the case will proceed to trial. At any time leading up to the trial, and even during the trial, a plea agreement might be reached at which time the judge will dismiss the case. As a result of the long and complicated legal process for criminal charges, the accused may never be convicted, even if they killed another person. This can be devastating to the surviving family members of the deceased.

Filing a Civil Lawsuit

Wholly and completely separate from possible criminal charges against the person you believe killed your loved one, you may be able to pursue a civil lawsuit against them. With the help of a wrongful death attorney, you can take that person to court. It can be much easier to get a guilty verdict from a civil court jury than from a criminal court jury. If you win your case against the killer, they will not receive jail time as a result, but they may be legally obligated to give you financial compensation. Depending on the circumstances and their financial situation, the monetary award to you could be substantial. It can pay for the medical care your loved one may have needed before passing away, and it can replace the income you would otherwise not receive from your deceased family member. It can also pay for your children’s future educational costs and other necessities.

Incidents That Can Lead to Wrongful Death Claims

At Ward & Ward Personal Injury Lawyers, we handle a broad range of wrongful death cases. Many involve the following:

• Car Accidents

Car accidents are very common and can result in the death of an occupant. In 2019, there were at least 39,000 car accidents that resulted in a wrongful death case. The number is alarming and has risen. Most fatal car accidents are a result of at least one of the following: using a phone while driving, distracted driving, driving under the influence, poor road conditions, speeding, reckless driving, drowsy driving, mechanical errors, and more.

• Bicycle, Pedestrian, or Motorcycle Accidents

Cyclists, motorcyclists, and pedestrians have an increased risk of being severely injured or losing their life in an accident. This is because they lack the protection the drivers of cars have in a collision. In more cases than not, the driver of a car is negligent. 

• Commercial Truck Accidents

Most commercial truck accidents are classified as auto accidents. There are differences, especially when comparing them to a passenger vehicle accident. One of these is the size of the truck. Usually, commercial trucks are massive, and because of their size and weight, deaths are more common in an accident.  Several elements must be examined by your wrongful death lawyer to determine how the accident happened and who was at fault. Some things to consider include: whether the truck driver was overworked, if the driver had enough training, if the truck was properly maintained, if the load on the truck was too heavy or not secure, if driver error led to the accident, if there was a mechanical failure or tire blowout, and if road conditions contributed to the accident. Each of these things may be considered to build a case that is sound and irrefutable. 

• Medical Malpractice

Hospitals and doctors are supposed to provide safe medical treatment to patients. Doctors and other medical professionals are supposed to have ample amounts of training to avoid causing unnecessary harm to patients. Despite the protocols that have been established, medical malpractice does happen. Sometimes, it can be fatal. Our wrongful death lawyers know of cases involving: delayed treatment, incorrect treatment, misdiagnosis, failure to test, birth injuries, defective devices, medication error, hospital negligence, failure to get consent, and more.

• Workplace Accidents

Some occupations have a higher risk of injuries and deaths. When workers are working in a dangerous environment, and the company fails to take the necessary safety precautions, there is a greater chance of a wrongful death accident. These types of cases are particularly unique in that workers’ compensation may be the only available type of compensation available. Only if negligence, on the part of a third party, can be identified will a wrongful death claim likely be able to be filed. Either way, it is a good idea to talk with a wrongful death lawyer. Accidents in the workplace that may be prone to death include: falling, electrocution, being struck by an object, being caught in or struck by machinery, and more.

Indianapolis Wrongful Death Infographic

Indianapolis Wrongful Death Statistics

According to the Centers for Disease Control and Prevention (CDC), there are an estimated 200,955 accidental deaths in the United States each year. The fourth leading cause of death, accidents are responsible for just under 7 percent of all deaths.

Indianapolis Wrongful Death FAQs

How Do Wrongful Deaths Happen?

Unfortunately, wrongful deaths are not uncommon and happen when one person negligently kills another person, either directly or through indirect actions. This can happen if someone was texting and driving and hits another car, thus killing the driver. It can also happen if a waiter spills water and someone slips and falls and dies from a brain injury. Even more serious cases of wrongful death occur when a medical professional negligently performs a procedure that they did not have to perform, using tools that they do not need to use, or fails to give their patient the right form of treatment in time.

What is a Wrongful Death Claim?

A wrongful death claim is a civil action taken with the help of an Indianapolis, IN wrongful death attorney by a family member on behalf of the estate of the victim to collect financial compensation. This lawsuit is completely different from a criminal lawsuit which if the defendant is found guilty can result in jail time or a fine depending on the circumstances. The members of the victim’s family cannot get any damages from a criminal case, which is why many loved ones who were dependent on the victim for financial support file a wrongful death lawsuit. Wrongful death claim regulations vary by state. Your attorney will be able to advise you on the laws in your state and how they affect your claim. There are laws common to most states that talk about the lawsuit procedures when it comes to filing a wrongful death lawsuit.

Who Can Bring a Wrongful Death Civil Suit?

If the deceased family member had a will, oftentimes the court will choose the executor of the will to represent the deceased’s estate in the wrongful death claim. This person is called the Plaintiff. The person the wrongful death claim is filed against is called the Defendant. The claim will charge the Defendant’s actions were intentional or negligent and was at fault for the death of the victim.

When Can Someone File a Wrongful Death Claim?

You can file a wrongful death claim when a loved one dies from several causes:

1. They were intentionally killed. Separate from criminal charges, a civil case is meant to pay the person who was harmed or their surviving loved ones. The burden of proof here is usually lighter than in a criminal case — You only must prove that what you say “more than likely happened” (instead of the “beyond a reasonable doubt” of criminal cases). Instead of jail time, the defendant pays the plaintiff.
2. They died because of medical malpractice. Malpractice suits can be complicated, so it is recommended you consult with your lawyer. If your loved one’s condition was treatable and they got worse despite treatments, it may not be considered malpractice. However, if a doctor did not properly diagnose a condition, didn’t properly advise the patient about the risks of treatment, made mistakes in surgery or other procedures, or was reckless in their conduct (such as performing procedures under the influence or administering potentially lethal doses of medicine against standard medical advice), you might have a case.
3. They died because of someone else’s negligence. Examples of this include death from injuries because of car accidents, dog attacks, assault and battery, or a slip and fall on someone else’s property that could have been prevented.

How Does an Insurance Company Determine a Wrongful Death Settlement?

Determining the settlement for wrongful death cases becomes tricky because each case is usually unique to the individual and there are many factors that an insurance company must consider. For example:

• • • The funeral costs
    • Medical bills and medical expenses the deceased needed before they passed away that was a direct result of the accident
    • The age of the deceased and their prior health
    • The deceased’s income
    • The deceased’s job, training, and education
    • The value of their benefits, for example, health insurance, dental insurance, and their pension

What If I Disagree With the Settlement Offer?

If you do not agree with the settlement offer that the defendant’s insurance company laid out, you can take this claim to court to prove that you are seeking a fair amount of damages. Like any trial, there is no guarantee that a court will side with you, and you may end up leaving without the number you and your wrongful death attorney aimed for.

Should I Hire a Lawyer?

Hiring a lawyer for your wrongful death claim can mean the difference in whether you get a reasonable settlement. Going through this battle alone can become quite complicated very quickly, and it is best to do this with the help of a trusted lawyer.

Ward & Ward Personal Injury Lawyers, Indianapolis Wrongful Death Lawyer

728 S Meridian St, Indianapolis, IN 46225

Contact Our Indianapolis Wrongful Death Lawyer Today

If you’ve lost a loved one due to another’s negligent, reckless, or intentional behavior, please connect with our lawyer today. You may be hesitant to connect with a lawyer at this time because you’re understandably already overwhelmed by the emotional and practical wake of your loss. We understand this and we’re here to help. Exploring your legal options is a necessary task at the moment, but that doesn’t mean that this task needs to be unnecessarily stressful or burdensome. We are proud to represent the interests of those who have lost loved ones due to the actions or inactions of others. Our Indianapolis, IN wrongful death lawyer will do all we can to advocate on your family’s behalf with focus, determination, compassion, and respect during this challenging time. Please schedule a consultation with Ward & Ward Personal Injury Lawyers today.