According to Indiana Code 34-23-1 wrongful death is a situation in which “the death of the person is caused by the wrongful act or omission of another.”
In Indiana, a wrongful death claim can be filed only by the personal representative of the deceased person’s estate. The damages may be awarded to the children, spouse, or other dependents. Contact our Indianapolis wrongful death attorneys today.
Most doctors and medical workers are careful and do their jobs well, but there are cases when even the tiniest mistake could lead to the death of the patient.
When doctors and nurses cut do not follow proper procedures, people die. Wrongful death in such cases follows after inappropriate diagnosis, lack of informed consent, surgical errors, birth injuries, delayed or wrong treatment, pharmaceutical errors, and faulty medical devices.
Wrongful death from faulty products occurs when the user uses a product that did not have a proper warning label. Most manufacturers are focused to sell their products and claim they are safe for the public to use. When the product is faulty, the manufacturer is at fault and should be held responsible. In most cases, the wrongful death of faulty products occurs when people use pharmaceutical products, faulty vehicles, dangerous children’s toys or products, and toxic food and containers.
Every year more than 300,000 die in car accidents and hundreds of thousands end up with injuries that require a long recovery. Victims of car accidents face long medical treatments, high medical fees, and lowered incomes.
Car accidents often happen because of speeding, drink driving, careless driving, distraction, road hazards, and auto defects.
Truck accidents are different than car accidents, because of the size of the truck. When a truck and a smaller vehicle collide, the injures are always severe (often even with fatal outcomes).
Semi-truck accidents are the reason for numerous wrongful deaths. In such cases, the driver made an error or was negligent (did not signal properly, drove under the influence, or was driving above the speed limit).
But also the weather conditions could affect the accident, as well as driving with an overweight load and mechanical defects. Trucks companies are often neglecting their vehicles which leads to unwanted situations on the road.
Such accidents are dangerous for motorcyclists because they are not protected like drivers are. Even if the impact is not too strong, the rider is often thrown off the motorcycle; what causes the severe injuries is the hit on the ground. Motorcyclists tend to suffer brain injuries, spinal cord, back, and neck injuries, paralysis, broken bones and burn injuries.
Very often, riders end fatally (especially if they are not wearing helmets).
Injured motorcyclists need legal help because many drivers do not have insurance policies that cover injuries of this degree.
Accident at work
Your employer has a responsibility to keep you safe while you are working. However, workplace accidents are happening and the employer should cover the medical treatments and absence from work with workers’ compensation (or compensation for the family in case the worker dies). Examples of workplace wrongful death involve accidents from any industry such as transportation industry accidents, barge, and towboat accidents, railroad worker injuries, repetitive motion, and strain injuries, manufacturing accidents, asbestos exposure, and mesothelioma.
In case the worker dies, the family is entitled to death benefits through the state’s workers’ compensation system, although in some cases the family has the right to sue the company for negligence.
Losing a family member is a tragedy especially if the death could have been avoided.
But, despite the grief for the lost life, the family should be aware that they should think clearly and seek their rights.
In the case of wrongful death, the family should consult a wrongful death attorney who would guide them and help them in the process.
Not only life is lost, but now the family is facing financial challenges, medical and funeral expenses.
No matter how the death occurred (car accident, faulty products, medical error, or accident in the workplace), make sure you consult an attorney before you try and seek the settlement on your own.
If you lost a loved one in such circumstances, make sure you contact a wrongful death attorney as soon as possible.
It is harsh to think of finances and attorneys at these times, but you have the right to the damages. Our team at Rowe and Hamilton is here to help you; call us today.