Indiana Wrongful Death Lawyer
Wrongful death lawsuits arise due to the unintentional or intentional negligence of others. The Indiana wrongful death lawyers at Stein Law help recover losses such as lost income and hospital bills on behalf of the deceased.
If your family member recently died due to the negligence of others, you may be entitled to compensation. Accidents are the 4th most common cause of death in the United States, according to The Centers for Disease Control and Prevention (CDC).
The attorneys at Stein Law can help families get justice and recover financial compensation.
Wrongful Death Lawsuits
The attorneys at Stein Law have experience dealing with various wrongful death cases.
Examples of wrongful death cases include:
- Car Accidents
- Truck Accidents
- Product Liability
- Medical Malpractice
- Defective Products
Who is eligible to file a wrongful death lawsuit?
The state of Indiana requires a personal representative to file the lawsuit on behalf of the estate. Other persons able to file a lawsuit include parents on behalf of a child or dependents of the deceased. The court-awarded proceeds are distributed to spouses, children, or other dependents. The court determines the distribution of compensation in cases with multiple beneficiaries.
What can a wrongful death attorney do?
Our expert attorneys will answer any questions you may have and guide you through the litigation process; your attorney will:
We know that fighting big businesses can be intimidating. That is why it is essential not to take these cases on alone. Your attorney acts as your advocate and fights on your behalf. The lawyers at Stein Law are familiar with the tactics of big businesses and will always work in your interest during negotiations.
Product liability occurs due to product defects. Wrongful death cases involving defective products fall under strict liability (as opposed to negligent liability). Strict liability holds the manufacturer and supplier responsible for injury, no matter the circumstances or intent.
Product liability cases involve:
- Testing the product for defects
- Examining the manufacturing process
- Investigating company awareness of the defect
Your attorneys will also determine whether the company tried to recall or provide information about the dangerous product. The three types of defects incurring liability are:
- Design Defects
- Manufacturing Defects
- Defects in Marketing
Wrongful Death Compensation
Various types of damages get awarded in a wrongful death lawsuit. Economic damages include medical expenses, lost wages, and funeral and burial expenses. Non-economic damages include compensation for loss of normal life or Loss of companionship.
Lastly, punitive damages are awarded on top of (non-)economic damages at the judge’s discretion to punish severe or intentional acts of negligence.
When does the court award compensation?
Compensation is awarded differently depending on the case
Medical Malpractice occurs when a healthcare provider fails to provide the same care expected from a prudent or reasonable healthcare provider in the same position. Medical Malpractice results from a medical professional’s negligent (in)action.
According to Indiana law, the total damages family members or dependents can acquire caps at $1,800,000. Compensation is awarded for the following reasons:
- Prescription errors
- Surgical errors
Car accidents are one of the leading causes of death in the United States. In 2020 alone, there were over 175,000 car accidents on Indiana roads. Of those 175,000 crashes, 14,221 accidents involved large trucks killing 153 people. Wrongful death lawsuits involving automobile accidents compensate up to $300,000. Damages can be awarded for:
- Reckless driving
- Impaired driving
- Distracted driving
Defective product lawsuits are filed on the basis that any company or person involved in manufacturing or distributing dangerous goods is liable for the safety of their products. Examples of product liability cases include, but are not limited to:
- Harmful chemicals
- Contaminated baby powder
- Defective car parts
- Asbestos-ridden building materials
Who may be liable?
A person may be liable for the wrongful death of another if their intentional or unintentional negligence or failure to act caused the death of another human being. Every citizen of the United States is expected to act with a certain standard of reasonable care to protect others from harm.
The liable party must have a duty of care to the victim and act with negligent conduct leading to the direct harm of the victim.
The legal definition of negligence is:
“A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.”
In most car accident wrongful death lawsuits, an insurance company pays compensation. However, sometimes the faulty driver has limited or no insurance. In these cases, the attorneys at Stein Law will broaden their search to find other possible liable parties, including:
- Vehicle parts manufacturer
- Auto mechanics
- The municipality
Product liability lawsuits fall under strict liability, meaning that the manufacturer is liable even if they used great care. Liability, in this case, lies with anyone during the supply chain, including:
Liable parties in medical malpractice cases include both practitioners and hospitals and clinics. Some examples include:
- Nursing Homes
It is possible to hold multiple persons and entities liable for a single death if all parties’ negligence contributed to the otherwise preventable death of a human being.
When to Contact a Lawyer
If a close family member suffered serious injuries leading to death, you should contact our attorneys as soon as possible. Some victims assume they can not afford the lawyer fees and attempt to deal with insurance companies alone. However, insurance companies are not on your side. A personal injury lawyer always secures a better deal.
The statute of limitations on wrongful death lawsuits in Indiana is generally two years but varies greatly depending on your circumstances. It is never a good idea to wait until the statute of limitations is almost expired to call your attorney, as prepping your case and gathering evidence takes much time. Call us now so we have enough time to secure you as much as possible.
Cost of a Lawyer
Our lawyers work on a contingency basis and do not take anything out of pocket. We take over everything from the legal end, from filing the lawsuit to speaking with insurance companies on your behalf. If your presence is required, you will have your attorney coaching you every step of the way. At Stein Law, we believe money should not stand in the way of justice. Our fees are subtracted from the final settlement if awarded. If there is no settlement, you do not pay a dime. That way, you get professional lawyers to take over everything for you so you can focus on grieving.
What makes Stein Law the best choice?
Our experienced Indiana wrongful death lawyers have over 75 years of experience with cases against businesses, manufacturers, and insurance companies. If you are required to interact with those you are using, your attorneys at Stein Law will be there with you every step of the way.
We have recovered over $60 million in wrongful death compensation for cases like yours, including a $1,250,000 reward in one case alone. You can trust the attorneys at Stein Law to take care of filing your lawsuit, talking with attorneys, and dealing with all things legal. They will work diligently on your behalf to get you financial compensation for your financial and emotional losses.
If you have recently lost a loved one, you need to call our law offices as soon as possible to secure compensation before time runs out.