Coping with the death of a loved one is never easy. Yet the circumstances can feel even more tragic when the loss could have easily been prevented. In the event of a wrongful death, Indiana law may allow families to recover compensation from the party responsible for the victim’s death.

The legal code surrounding a wrongful death claim is rather complex, but if you can prove that someone else’s negligence led to your loved one’s passing, then you may have a case. Whether you are the surviving spouse or a family member of the deceased, please know that you can call our office to speak with an experienced attorney. Then we can work to answer your questions regarding the potential for your claim and your options for representation.

Duepner Law offers free consultations for wrongful death claims. If we take your case, you will pay nothing unless we recover an injury settlement on your behalf.

 Call Duepner Law for Your Free Consultation: (317) 886-4304

How Does a Wrongful Death Lawsuit Work?

If you have recently lost a loved one due to an accident of any kind, whether from the general carelessness of another party or even their intentional actions, then there may be sufficient reason to pursue a wrongful death lawsuit. The intent of these claims is to hold individuals, companies, health systems, or other organizations accountable for any “wrongful act” that led to the death of an innocent individual.

Typically, the deceased’s estate will appoint a personal representative to play a primary role in navigating these claims.

Any wrongful death case will need to adhere to specific criteria in order to be valid. These can be summarized in terms of four key elements: negligence, breach of duty, causation, and damages. If family members are able to prove that the context of their loved one’s death is connected with those factors, then working with a qualified personal injury attorney could help them pursue a settlement amount that reflects all of the qualifying damages, such as any hospitalizations and medical expenses, or the cost of a funeral and burial.

Determining fault and learning about the nuances of application of comparative fault can be a difficult and daunting process. Please understand that you shouldn’t be handling these matters on your own. Duepner Law assists clients with all types of personal injury and wrongful death claims, and if we represent your case, we can help you assess, organize, and present your evidence in order to secure the best possible legal outcome.

Working with us is completely free if we don’t win. By taking on your case, we can help you and your loved ones secure what you’re owed.

 Call Now for Your Free Consultation: (317) 886-4304

Common Types of Wrongful Death Claims

There are potentially a multitude of scenarios in which the death of a loved one can lead to a wrongful death claim. Some of the most common are mentioned below; however, this list is by no means exhaustive.

  • Product defects
  • Vehicular incidents
  • Medical malpractice
  • Occupational hazards
  • Premise accidents
  • Supervised activities, including day care or field trips
  • Abuse or neglect at a senior living community
  • Criminal actions, such as stabbings, shootings, or other violence

If you are looking to gain quick insights into the potential for your own family’s wrongful death claim, please don’t hesitate to reach out to our qualified attorneys.

We offer a free consultation for wrongful death claims. If we take your case, you will pay nothing unless we recover a settlement on your behalf.

Call Duepner Law Now: (317) 886-4304

Wrongful Death from Defective Products

Many wrongful death lawsuits share similarities with defective product injury claims. This is because manufacturers and companies are expected to supply consumers with safe and reliable products. This means that their products should be free of defects that can potentially lead to serious injury or even death.

A defective product wrongful death can occur due to issues with things such as sporting gear, children’s products, auto parts, and industrial machinery.

If a person is fatally injured due to a defective product, their survivors may have grounds to file a wrongful death claim. That claim can help them recoup medical expenses, lost wages, and possibly other damages. If the negligence of the manufacturer or company is extreme it is also possible to be awarded punitive damages. Punitive damages are a monetary amount that is used to punish the manufacturer for distributing a defective product.

Many times unsafe products are recalled once the manufacturer is made aware of the issue. Oftentimes this is because several consumers have been injured by the product. Family members still have the opportunity to file a wrongful death suit even if the product has been recalled because there is the possibility that a recall does not absolve the manufacturer of all liability. If you have recently lost your spouse due to the negligence of another, please don’t hesitate to schedule a free consultation with our personal injury attorneys.

Duepner Law offers free consultations for defective product claims. There is no fee unless we recover a settlement on your behalf.

Call Now for Your Free Consultation: (317) 886-4304

Defining Loss of Consortium

The state of Indiana has certain protections in place specifically for spouses filing a wrongful death claim. A spouse who has lost their husband or wife due to the negligence of another may also receive what is known as “Loss of Consortium” within their wrongful death settlement. This type of compensation is only ever awarded to spouses, and would be an addition to the family’s standard lost wages and loss of income settlements.

Loss of Consortium is designed to compensate a surviving spouse for the loss of a marital relationship and the care, love, and affection that it encompassed.

In order to pursue Loss of Consortium in Indiana, there must have been a spousal relationship present. It cannot be applied to cohabitation or anything less than a legal marriage. In addition, the surviving spouse must be able to prove the value of the loss and the type of suffering they will ultimately have to endure.

The level of compensation is determined by factors such as the stability of the marriage, the life expectancy of the deceased, and the nature and extent of the loss.

For example, the damages received will potentially be higher for a wife whose husband was in his twenties when he passed as opposed to a wife whose husband was in his seventies. Of course, every situation is different. In order to better understand your rights as a spouse, please contact our team. Speaking with an experienced personal injury attorney can help give you the clarity you need to move forward with your case and feel that your best interests will be honored by the court. We can help.

Duepner Law offers free consultations for wrongful death claims. There is no fee unless we recover a settlement on your behalf.

Call Now for Your Free Consultation: (317) 886-4304