Like every other state, Indiana has its state laws that dictate wrongful death claims. Wrongful death, according to Indiana’s wrongful death statute, is defined as a situation in which the death happened (or was caused) by the wrongful act or neglect of another person.

Wrongful death claim

The easiest way to explain this claim is to see the wrongful death claim as a personal injury claim only, in this case, the injured person has died. Since this person is dead, they cannot be the plaintiff, so the estate of the deceased person can seek claims and establish liability on the part of the defendant whose negligent actions caused the death.

A wrongful death claim is a civil lawsuit and is filed by the estate directly, and that fault is expressed only in terms of civil damages. There are cases where criminal charges may be filed by the state based on the same events. Let’s say the death was caused by a car accident in which the driver who caused it was intoxicated. The state will then file criminal charges against the driver (under Indiana’s vehicular manslaughter law). But, the criminal case is a separate claim from any wrongful death claim. To collect damages for negligence, the estate should first file a wrongful death case, even if a criminal case is already proceeding.

Can you file a wrongful death claim in Indiana?

In this state, the wrongful death claim must be filed by the personal representative of the deceased person’s estate. The damages may be given to the dead person’s spouse, children, or other dependents. If there is more than one person who is eligible to collect the damages in a wrongful death case, the court will determine how to split up the total damages award.

If the wrongful death claim involves the death of a child, the claim must be filed by one (or both) parents. In case the parents are divorced, the claim must be filed by the parent who had legal custody of the child. If the parents are dead or their parental rights have been ended, the case must be filed by the child’s legal guardian.

Statute limitations for filing a wrongful death claim in Indiana

A wrongful death claim in Indiana has a time limit of only two years of the date the death occurred. If the claim is not filed within the two years time limit, the court will not accept to hear the matter. The surviving family members are at risk of losing a great chance to seek the damages for the wrongful death of their loved one.

The time limit remains the same even if the case involves the death of a child or if a criminal law case is occurring at the same time.

Wrongful death case damages in Indiana 

The fault in a wrongful death case is expressed in terms of civil damages, that should compensate the surviving family members for death-related losses. Indiana has specific rules about what types of damages may be collected in a wrongful death case and the available amounts.

Indiana lets the deceased person’s estate (spouse and children) to collect the damages if liability is established in a wrongful death case. Here are the options:

• funeral and burial costs
• medical and hospital costs
• lost wages and benefits the dead would probably have earned if they had lived
• costs of proceeding the wrongful death lawsuit.

Indiana does not allow paying of wrongful death lawsuit damages based on “grief” experienced by surviving family members. The claims for an Indiana wrongful death case are limited to $300,000.

Damages for hospital medical, funeral, and burial costs must be paid directly to the estate. The estate is responsible for using the money to pay any medical, hospital, funeral, or burial expenses. Claims for lost wages are divided among the surviving spouse and children.

If the wrongful death case is about a child, the parents may get damages for medical expenses, hospital, funeral, and the costs of pursuing the wrongful death case claims for the loss of the child’s services, love, and companionship. Parents may also demand damages for the costs of counseling (their own or of the siblings) after the death.

If you have lost a loved one in a wrongful death case, you can begin the process of getting your wrongful death compensation claim. Call our office today and schedule your initial consultation with our wrongful death attorneys. We are expecting you.

Having practiced in the area of personal injury law in Indiana for over 35 years, I have seen one injury that is typically missed by a lot of attorneys. The symptoms can be subtle, but persistent and can have profound effects for the injured down the road. You must have patience and persistence to fully ascertain this injury and get treated with the right doctors and medical professionals that understand this injury and its effects. What is this injury? It is a TBI or a traumatic brain injury. 

What is the medical definition of a TBI? TBI is defined as an alteration in brain function, or other evidence of brain pathology, caused by an external force. Alteration in brain function is defined as one of the following clinical signs:

1) any period of loss of consciousness or a decreased loss of consciousness; 2) Any loss of memory for events immediately before or after an injury; 3) neurological deficits such as weakness, loss of balance, change in vision, sensory loss, dizziness, headaches: 4) Any alteration in mental state at the time of injury (confusion, disorientation, slowed thinking). There can be subtle changes in attention, memory, cognitive functioning, speech and language, and personality. These wide-ranging physical and psychological effects may appear immediately after a crash or appear days or weeks later. One can have normal testing from a CAT Scan and still have a TBI. A TBI can be caused by a blow to the head or even a jolt to the head. The brain hitting the sides of the skull in a hyperextension and hyperflexion movement can cause a TBI. A concussion can be a sign of a TBI also. Post-concussive symptoms must be monitored for months to see if they subside or continue. A personal injury lawyer cannot be in a rush to settle these TBI cases.

Often a person with TBI experiences changes in their thinking skills. There can be problems with memory, reasoning, judgment, concentration that were not there before. A person with a TBI can have communication problems including difficulty understanding speech or writing, inability to organize thoughts and ideas, difficulty in speaking or writing and trouble engaging in conversation.  There can be behavior and emotional changes including personality changes, difficulty in self-control, mood swings, anger, depression, and irritability. There can be sensory changes including persistent ringing in the ears, trouble with balance or dizziness, double vision and impaired eye-hand coordination. 

Countless people suffer these injuries from automobile and trucking crashes and may not even know it. An experienced car accident lawyer in Indiana must look for these symptoms and get his client the right medical treatment. Often these injuries can be permanent and cause life-changing alterations for the injured. If these are injuries are missed, this will significantly decrease the value of your personal injury claim. Insurance companies continue to downplay these injuries and question their validity. They do not want to pay the true value of these claims. If an attorney misses these injuries and is not trained to look for them, he or she is doing a serious disservice to their clients. 

If you have been injured in an auto or truck crash and think you may have a TBI, it is important you see an experienced personal injury lawyer that is thoroughly familiar with these type of injuries and can fight for fair compensation. At Rowe and Hamilton, we know the devastating effects a TBI can have on you and your family. Please call Timothy Rowe if you have been in an accident and think you may have a TBI so that we help you get fair and reasonable compensation for your injuries.   

Most people can go all their lives and not have to worry about getting into a car accident. For some of us, we’re not that lucky. You could get into a fender bender on the way to work. Or someone may rear-end you on the way home from the mall.

If this happens to you, chances are, you won’t know what you’re supposed to do. You know you’ll have to exchange insurance information. At some point, you’ll have to file an insurance claim. The question is simply whose insurance company will have to cover your damages.

The problem with any car accident case is that there will be a long time between the time of your crash and the day your claim is paid. It could be weeks or it could be months. If your claim is denied outright, it could be years before you see a dime.

In the meantime, you’re going to have to worry about all sorts of expenses. Odds are, you’ll have to cover a lot of these out of your own pocket. It’s really important that you keep track of these. Make sure you have all of your receipts. You’re going to have to turn all of these over to your Indianapolis car accident lawyer.

Car Rental Expenses

Some people think that, if their car gets wrecked in an accident, their insurance company will provide a rental car. To some extent, this is true. Your insurance company will usually offer to pay for a rental car for a certain period of time.

What a lot of people don’t realize is that there’s a good chance it’ll only cover certain types of cars. If you were used to driving a luxury SUV, odds are, your insurance company won’t pay for you to rent a luxury SUV.

If you want to rent a car comparable to what you had before, you may have to pay a portion of this yourself. For example, the insurance company may cover up to $27 dollars a day for a car rental. Most SUV cost more than this to rent. So, if you choose a car that costs $54 a day, you’ll have to pay the difference of $27 per day.

Your insurance company is also only going to cover a certain maximum amount of car rental fees. They may say they’ll pay up to $150 total. This means that, after 5-6 days, you’ll be on your own for covering car rental expenses. 

It’s important that you keep documentation of all of these things. It will add up. Your Indianapolis car accident attorney can submit this as evidence of your damages.

You May Have to Pay Some Medical Bills

While your insurance company is still sorting out your claim, you may be responsible for some of your medical bills. You may be required to pay co-pays and prescription costs. This may not sound like a lot of money. However, they add up quickly. This is especially true if you have to pay a portion of your ambulance bill or emergency room visit.

You might require certain medical equipment. You may need a wheelchair or crutches. These things cost money. If your insurance company doesn’t cover 100% of these costs, you’ll be footing the bill. Again, it’s important that you keep records of all of these things. It’s a good idea to take pictures of each piece of equipment and attach it to the bill so your car accident lawyer in Indianapolis can explain it to a jury.

You Will Probably Have Car Repairs

If you have to pay to get your car fixed, the insurance company will more than likely cover it. Even if the other driver is held responsible, your insurance company will demand that the defendant’s insurance company reimburse them.

At a minimum, however, you will have to pay your deductible. A common deductible amount in this kind of situation is about $500-$1,000. It all depends on what you signed up for when you got your policy.

Contact an Experienced Car Accident Lawyer in Indianapolis

If you get into a car crash – even a minor one – you’ll have to pay for some things out of your own pocket. The defendant should be held responsible for these expenses. This is why you should keep receipts and all documentation.

Your Indianapolis car accident lawyer will work hard to get you compensation for all of these things. That’s why you should call and schedule your free initial consultation today.

You’d be surprised at how many people forget to car their car inspected in time. Some of the most common tickets are given out for expired registration and expired inspection stickers. So it makes sense that people worry their insurance won’t cover their accident if their car wasn’t inspected.

If you’re the victim in a car accident, the last thing you want to hear is that your claim won’t be covered. So when you find out that other driver didn’t get their car inspected as required, you may worry. You’ll be afraid their insurance won’t cover your claim because the vehicle wasn’t inspected. 

Every state has their own laws about how often a car needs to be inspected. It depends on how old your car is. Newer cars can go several years without having to be inspected. Older cars need to be inspected every couple of years.

Indianapolis wants to make sure the cars their citizens are driving are safe. One way to do this is to have them inspected periodically. They’re tested for emissions and for safety. They don’t want people on the road if their vehicles aren’t fit for driving.

If the car that hits you had an expired inspection sticker, you should still be able to file your claim against their insurance. You need to call and meet with an experienced car accident lawyer in Indianapolis to be sure.

What is the Law in Indiana for Vehicle Inspections?

The law in Indiana is similar to most other states when it comes to vehicle inspection requirements. If you don’t follow these rules, you can be pulled over, issued citations and fines.

In Indiana, the following rules apply for registration and inspection:

• All new residents must register their car within sixty (60) days
• All cars manufactured in 1976 or later must have their emissions tested every two (2) years
• If your car was made in an even year, you must get it inspected in even years. If it was made in an odd year, you have to get it inspected in an odd year.

There are some exemptions for certain types of vehicles. These exemptionsinclude:

• If your car is 4 years old or newer, you don’t have to get it inspected
• If you drive a car that runs on diesel or is electric, it doesn’t have to be inspected
• Cars manufactured in 1975 or earlier don’t need to be inspected
• Motorcycles are exempt
• Recreational vehicles and show cars are also exempt

If someone doesn’t get their car inspected, it’s for one of two reasons. Either they just didn’t get around to doing it. Or, the car failed for mechanical issues. If it’s the latter, there could be issues when it comes to an accident claim.

How Does a Failed Inspection Affect Your Accident Claim?

If a car wasn’t inspected because the owner forgot (or procrastinated) getting it done, it will not impact your accident claim. However, if the other driver’s car failed inspection, due to a mechanical issue, it could impact your claim.

The other driver’s car may have failed inspection for the following reasons:

• The brakes need to be replaced
• A light is out
• The emissions are off which means that could be an engine problem

Any of these things can cause an accident. If the insurance company determines that their insured could’ve avoided the accident by getting the car fixed, they may deny your claim. If this happens, your car accident lawyer in Indianapolis will have no choice but to file a personal injury lawsuit against the driver.

Can You Sue the Driver Personally?

There’s no reason why you can’t sue the driver personally. The problem is, you may not want to. It’s a lot easier to get money from an insurance company than it is a person. If a person has no assets, there’s not much you can do to collect on your judgment.

In order to collect on your judgment, the defendant has to have property, other assets or an income. If they don’t work or don’t own any property, your judgment may be worthless. You could have a judgment that isn’t worth the paper it’s printed on.

It’s a good idea to meet with an experienced car accident attorney in Indiana before you do anything. Your lawyer can review your case and let you know what it may be worth. They can also let you know if your case has any merit.

When it comes to car accidents, they’re usually caused by traffic violations. Most of these could have been prevented. It’s because drivers aren’t careful that they get into crashes. If they just followed the basic traffic laws in Indianapolis, the roads would be a much safer place.

Indianapolis car accident lawyers handle dozens of these cases every year. Most of their clients are victims of negligence. They were hurt because some other driver chose to ignore the basic care due to other drivers.

If your car accident attorney in Indiana can prove the other driver was committing a traffic violation at the time of the crash, it’ll help. They can use this to show the other driver was responsible for the accident.

While proof of a traffic violation helps prove fault, it isn’t the only thing used to determine liability. For example, someone can be going 5 miles over the speed limit. That doesn’t mean they’re automatically liable for an accident. The other driver could’ve been doing something much more irresponsible.

However, if you can prove the defendant was convicted of a traffic violation, it may go a long toward proving fault. Your Indiana car accident lawyer will certainly use it to their advantage. Here are some of the more common traffic violations in Indianapolis that lead to car accidents.

Drinking and Driving – DUI

One of the leading causes of traffic fatalities in Indiana is drinking and driving. This includes people who are under the influence of drugs at the time of their accident. Clearly, it’s against the law to operate a vehicle while under the influence of drugs or alcohol.

When people choose to get behind the wheel after drinking or getting high, they put others at risk. There’s no justification for this. They could’ve called for an Uber or Lyft. Instead, they decided to act irresponsibly.

If you’re the victim in an accident caused by DUI, you should have a good chance at winning your case. Once your Indianapolis auto accident lawyer submits proof of the defendant’s DUI, it won’t be difficult to prove fault.

Reckless Driving

Similar to drinking and driving, people guilty of reckless drivinginjure and kill thousands of people every year. Reckless driving involves operating a vehicle with willful disregard for other motorists.

Some examples of reckless driving include:

• Going more than 25 miles over the speed limit
• Tailgating
• Illegal Passing
• Driving the wrong way down a one-way street
• passing on a curve
• using the opposing traffic lanes to pass drivers
• weaving in and out of traffic
• Driving on the shoulder

If the defendant in your case did any of these things, your lawyer will point it out in court. If a traffic citation was issued, the other driver’s insurance company will know it. They may be more likely to settle your claim in these situations.

Speeding

There are posted speed limits on every road in this country. If you’re on a major highway, the limit is usually between 55 and 65 mph. In Indiana, this limit ranges anywhere from 45 to 70 mph – it depends on what road you’re on.

The legal speeding limitsfor highways in Indianapolis are as follows:

• Minimum speed limit of 45 mph
• 70 mph for rural highways
• 65 mph for 4-lane divided highways
• 55 mph for all other highways

If someone exceeds these speed limits, they are breaking the law. They’ll be issued a citation at the scene of the accident. The problem is, since the cops weren’t there at the time of the crash, there’s no way to prove they were speeding.

Accident recreation specialists can help determine how fast the cars were going at the time of the crash. Some cars even have computer programs that have this information records. Finally, there may be cameras that captured the car immediately before or during the accident.

Contact an Experienced Car Accident Lawyers in Indianapolis

If you’ve been hurt in any sort of car accident, you should call an experienced car accident lawyer in Indianapolis. They can review your case and let you know if you have a valid claim. They can also let you know what your case may be worth.

You can call today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. The other driver will have lawyers working for them and you should too.

Some of the most dangerous accidents involve a drunk driver. They go to a bar or house party, drink, and then get behind the wheel. They have no regard for the other drivers on the road. They’re irresponsible and need to be held accountable for any consequences that result from their bad decision making. Your Indianapolis car accident lawyer will make sure they are.

Some of the injuries involved in a drunk driving accident include:

• Traumatic brain injuries
• Internal injuries
• Broken bones
• Burns
• Spinal cord injuries
• Neck and back injuries
• Facial disfigurement
• Permanent disability

When someone drinks and then get behind the wheel, they are ultimately responsible for any injuries they cause. However, they aren’t the only ones who should be held accountable. There are a lot of cases in which there are other people who need to be named in your lawsuit.

Your car accident attorney Indianapolis will make sure all of these parties are named as defendants. They will have to do to this when you file your suit because you won’t be able to add them later on.

What Other Parties May Be Held Liable for Your Drunk Driving Accident?

Automobile accidents happen every day. Most of them are due to negligence. For example, if someone is texting and driving, they may end up in a car crash. Or, they could be speeding and lose control of their car. In these cases, the other driver don’t intentionally set out to hurt other people.

In drunk driving accidents, things are a little different. Everybody knows the repercussions of drinking and driving. Indiana car accident lawyers see these cases all the time. They are frustrating because they’re 100% preventable.

When someone decides to drink, they usually do it at a bar, club, casino or house party. Very few people sit home alone and drink and then decide to get behind the wheel. And, although the bartenders and club owners didn’t force him to drink to excess, they had a hand in his drinking and driving.

Some of the people who may be held responsible for your drunk driving accident include:

• The bar, club or restaurant owner
• Valet company who allowed the other driver to get behind the wheel
• The driver
• His insurance company
• The people who hosted the party where he was drinking
• The package goods store where he purchased the alcohol

Keep in mind, not all of these people will be held responsible. In fact, it may be very difficult if not impossible for your car accident lawyer to prove that any of these people were responsible. He’ll have to show that these other parties were negligent in over-serving the drunk driver.

How Will Your Indianapolis Car Accident Lawyer Prove Causation?

When accidents occur due to drinking and driving, it’s important that you prove the defendant was responsible for the accident. A lot of people think this is automatic or easy in a drunk driving accident. This isn’t always the case.

Yes, it may be obvious to most people that the drunk driver caused the accident. However, you still have to prove it. You also have to prove that the other parties were negligent in order to recover.

Your lawyer will use the following tactics to prove that these other parties are responsible for your medical bills and other damages:

• Videos of the bouncers or bartenders telling the driver he’s had too much
• Receipts showing how many drinks a patron was served
• Witness statements about how the driver was behaving at the bar or club
• Statements from the driver himself
• Testimony by the bartender or serve about the defendant’s condition when he left their bar or club
• Posts on social media showing that the driver was drunk or partying prior to the accident
• The police report
• Proof of a DUI conviction in court

Obviously, your lawyer isn’t going to need or want to use all of this evidence. Every case is different.

Contact a Car Accident Lawyer in Indianapolis Today

If you or a loved one have been injured in a drunk driving accident, you need to contact a car accident lawyer in Indianapolis today. He can make sure the responsible parties are held accountable for your injuries.

Call and schedule your free initial consultation today. You can sit down with an experienced lawyer and ask any questions you may have. Your lawyer can also review your case and see what it may be worth.