Wrongful death can affect the whole family. You can’t prepare for a loss, but you can act now to get compensation for your loss with a Beech Grove wrongful death lawyer.
Our Isaacs & Isaacs Personal Injury Lawyers team could help if your family suffered a wrongful death. We fight for your compensation so you can spend time with your family. A death caused by someone’s carelessness, recklessness, or negligence is serious. Your family doesn’t have to suffer alone with the financial burden that sudden death can bring.
Wrongful Death Liability
Following a wrongful death, an investigation is necessary to determine liability. When you contact our law firm, we can work to rebuild the circumstances surrounding the death of your loved one. We can gather evidence to determine if negligence was a factor and if the accident was due to recklessness or intentional actions.
Our team can work to prove that the death of your loved one left a hole within your family and caused financial and emotional damages.
For a free legal consultation with a wrongful death lawyer serving Beech Grove, call 800-333-9999
Causes of Wrongful Death Vary
Wrongful death can happen in a variety of ways, including:
- Improper medical care
- Vehicle accidents
- Workplace accidents
- Defective products
- Improper police actions
- Hazardous material exposure
The common denominator is that death resulted from someone else’s negligence. If your family has lost a loved one and thinks another person’s actions caused their death, a wrongful death attorney might help you gain closure.
Beech Grove Wrongful Death Lawyer Near Me 800-333-9999
Beech Grove, IN Wrongful Death Claim
Compiling a wrongful death claim requires much legwork. You’ll need witness statements, evidence from the scene, and other documentation that may get lost in the shuffle if you wait. Although you do have two years from the date of death (IC § 34-23-1-1) to begin a claim, it is recommended that you start as soon as possible.
Memories fade over time, so interviewing witnesses should be done while the accident is still fresh in their minds. Paperwork can be misplaced or degraded over time. Having a team working on compiling the information you need to support your claim can allow you the time to grieve with your family.
Our team wants to ensure that your family gets the compensation you deserve. We work hard to compile the information to prove your case for wrongful death.
How To Prove Negligence in a Wrongful Death
Proving negligence requires compiling evidence that meets the four elements of negligence:
- Duty of Care – We must prove that the defendant had a duty of care to the decedent or that they had an obligation or responsibility to do something, such as obey the road rules while driving.
- Breach of Duty – We must prove that the defendant intentionally or recklessly breached their duty, such as driving through a red light.
- Causation – To prove causation, we must show that the defendant’s actions were a direct cause of the wrongful death.
- Damage – This final element involves proving that the breach of duty that caused the death of your loved one caused damage to your family as a result.
By meeting the four elements, we can prove the defendant’s negligence in the wrongful death of your loved one.
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Who Can Request Compensation in a Wrongful Death Lawsuit?
Indiana has differing laws on who can file a wrongful death case depending on the age and status of the decedent.
When a child dies in wrongful death, any claim must be filed by one or both parents. If they are divorced, it must be filed by the custodial parent. The legal guardian must file where the parents have had their rights terminated.
How Much Can the Family Receive in Indiana?
The amount can vary with each case because compensatory awards may be based on variable factors, including:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of income and education for the children left behind
- Loss of inheritance from premature death
- Pain and suffering for survivors
- Loss of care, guidance, companionship, and protection
Other factors may be involved in your claim. Our lawyers have combined experience equivalent to 400 of legal work. We can dig into everything to gain you the best compensation we can.
How Do You Calculate Damages?
Calculating damages in a wrongful death claim is based on the victim’s expected potential at death. Some of the factors considered include:
- How long the victim should have lived (based on average life expectancy)
- Income that would have been earned
- How long they would have continued working and earning a wage
- How long the victim was expected to live in retirement
Once a base compensation is formulated using these estimates, additional payment for family members is added. Extra compensation for emotional distress may also be included.
Settling a Claim Out of Court
In many cases, a wrongful death claim can settle before court. Sometimes a case may get to the pre-trial phase or into the courtroom before an acceptable settlement is offered.
The decision to accept a settlement is all yours. Our wrongful injury team can discuss the offer with you and explain the entire process. We cannot accept a settlement offer for you. We can only advise you on whether we feel the offer is fair or not.
Finding the Best Wrongful Death Lawyer to Represent Your Family
Isaacs & Isaacs Personal Injury Lawyers have assisted many clients with wrongful death and personal injury. Allow us to demonstrate our hard work and attention to detail. Put your family in our hands, and we can work diligently to get you compensation for your lost family member.
Money cannot return your loved one to you, but it can ease the financial burden of their loss and allow you to move forward after your grieving.