Every state has different laws, and in Indiana, wrongful deaths happen due to negligence or unlawful actions. You want an attorney with years of wrongful death claims experience to handle your case if you have lost a loved one through wrongful acts or negligence by a company or another individual. These attorneys are equipped with the knowledge, experience, and credentials to handle such cases. They fight for the family of the deceased member, and those are the ones who have the bills, suffering, and loss of loved ones or companionship.
Examples of Wrongful Death
Several issues behind the scenes lead to wrongful death, and they are not like personal injury claims. The immediate family is the only one who can file a claim, such as a spouse or a child. They can only get compensation for medical bills, funeral costs, lost wages and benefits from the deceased, and court costs. Pain and suffering and punitive damages are not recognized in the state of Indiana.
The most significant factor in companies and wrongful death is that they take shortcuts to prevent spending, and their negligence causes an unnecessary fatality. Most companies with heavy machinery like construction crews, farmers, or machine shops are the most common in wrongful death court claims. The operator would have records of reporting faulty equipment, and the company fails to follow up with the repairs. Safety should always be first in a company, but when it deals with spending money, they sometimes would rather put off the cost, and it catches up with them in a much more costly payment.
Medical Malpractice or Nursing Home Negligence
All wrongful death claims are a horrible issue for families, and they should never happen. Unfortunately, we live in a world of corruption, and when it hits home in the medical field or nursing homes, these are among the saddest stories. Everyone needs medical attention at some point, and we may all end up in the nursing home if we live to that age. Negligence in these areas is caused by a misdiagnosis, abuse, or abandonment. If the person in care dies due to these reasons, there is much to answer for in court with heavy fines and jail time. More stories like these come out about these issues, and wrongful death attorneys can win these cases when the evidence is surreal. All it takes is an investigation to open up the truth.
This topic has multiple areas to cover. These are some of the factors that would draw up a red flag for wrongful deaths:
- Drunk driving: If a driver leaves a bar with the bartender or owner knowing the intoxicated person and kills another person, the law will go after all responsible parties. A wrongful death claim is filed against the bar owner.
- Faulty car parts: Manufacturers are at fault when defective parts cause an accident that leads to death.
- Bad tires: Bad tires that blow out or cause an accident and death are traced back to manufacturers. Recalls for multiple incidences are the first place the attorney will search. If negligence is found, then a case is built.
- Hazardous roads: The government is responsible for repairing roads. The state is in charge of state highways, and local governments oversee local roads. If the road is hazardous and causes an accident with deaths, the attorney can go after the government and whoever constructed the road.
- Unsecured loads: Negligence on a truck driver’s part would be not having the load secured. Some shipments are well over 1,000 pounds and are deadly if they fall off the trailer. Another driver can die if they come in contact with a load that fell off a rig. A claim is filed against the driver and the company if negligence causes a fatality.
Why a Wrongful Death Attorney?
The hardship of losing a loved one is heart-wrenching and devastating. Insult to injury is added when the bills pile up, and the person left behind has to fork out the money they do not have. A wrongful death attorney will hear the story and look at the bills accumulated. They have up to two years to go back, according to the Statute of Limitations. However, most cases are sought within a few months after the death of the loved one. It does not cost the surviving members anything because the attorney’s fees and court costs are included in the claim.
Hospitalization, doctor bills, tests, radiology, and other medical bills can run hundreds of thousands of dollars. Many people have mortgaged their homes to pay for these bills. Getting a wrongful death attorney will not bring the lost person back, but you would not have to worry about these bills or lose your possessions for someone else’s faults.
Funeral costs are the second most expensive bill on the list of losing a loved one. Funeral homes charge thousands of dollars, and the burial cost is just as expensive. If there is no life insurance, the survivors are responsible for the bill. The logical thing is to go after the person or company responsible for the wrongful death and make them pay for it. You have that right, and the attorney will see to it that you get that compensation.
If one person dies due to wrongful death, the weight of those bills falls on the surviving member’s shoulders and pocketbooks. A certain amount is calculated into the claim to cover these lost wages and any benefits from the deceased member’s salary. These claims cannot take the pain away, but they can help the loved ones left behind financially.