Southern Indiana Wrongful Death Attorney
Auto Accidents - Trucking Accidents - Product Liability - Prescription Drug Liability - Nursing Home Abuse - Medical Malpractice
The wrongful death of a family member can leave emotional scars and feelings of grief and anger that often don't go away until you get answers to some important questions:
- Why did this happen?
- Who is responsible for the accident that caused my loved one's death?
- Could anything have been done to prevent what happened?
Pursuing a wrongful death claim can help you find answers to these important questions and help give you and your family a sense of justice and a form of closure to a very difficult time in your life.
At The Pardieck Law Firm of Seymour, Indiana, we are committed to helping grieving families and those left behind by the wrongful death of a loved one to recover fair and just compensation for the emotional and financial harm that an untimely death can bring.
Contact an Indiana wrongful death attorney at The Pardieck Law Firm today for a free initial consultation regarding your case. We can't take away the pain or bring your loved one back, but we can help you find closure and hold the people responsible for bringing such pain and sorrow into your life accountable for their actions.
Our firm works with catastrophic personal injury and wrongful death claims resulting from a wide range of accidents and events, including:
- Auto accidents, fatal car accidents
- Truck and commercial vehicle accidents
- Construction accidents, crushing accidents, bio hazard exposure, industrial accidents
- Product liability, lead poisoning, exposure to toxic substances, pesticides, harmful household chemicals
- Nursing home injuries / medical malpractice
- Pharmaceutical and Medical Device Liability
Wrongful Death - what you need to know
Wrongful death is the term used when someone causes the death of another person. The death may be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death. Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.
A defendant can only be held responsible for a wrongful death if it can be proved that the defendant's conduct was the cause of the death. It must be proved that the death would not have occurred without the defendant's act. The time between the defendant's action and the death of the decedent is not a factor as long as it can be proved that the defendant's action was the cause of death.
If it can be shown that the decedent was partially responsible for his death, then he may be found to have comparative or contributory negligence and dependent upon the state in which the incident occurred, damages may be awarded based on the percentage of negligence imputed to the decedent. Also, if the decedent failed to seek appropriate medical care and that failure led to his death, there may be no grounds for a wrongful death claim or a reduction to an award.
Different states have different methods for deciding who may file a wrongful death suit and who may recover damages. Generally, it must be shown that the death was caused by another's wrongful act; that the act was such that the decedent would have been due damages from the act; and that monetary damages did arise from the act. If these three criteria are met, it is possible that a wrongful death claim can be filed.
Wrongful death - damages
In a case of wrongful death, damages are assessed to compensate family members for their loss. There are many ways in which damages can be calculated. Since damages can be awarded in a number of areas, it is important to examine each one carefully.
- Medical bills and death expenses. The most obvious loss in a case of wrongful death is the actual expense occasioned by medical and death expenses. These are usually easy to determine.
- Loss of future earnings and benefits. Less obvious but equally important is the loss of future earnings and benefits, as well as the loss of companionship. These damages are more difficult to calculate and include anticipating the lifespan and earnings of the decedent, as well as the relationship to remaining family members.
- Loss of companionship. Loss of companionship is very difficult to calculate since it is totally subjective and does not lend itself to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors.
If you believe the recent death of loved one was the result of negligence, recklessness, or carelessness on the behalf of another party, contact an Indiana wrongful death attorney at The Pardieck Law Firm today for a free initial consultation regarding your case. Even if you are unsure if you have a case, call us—we can help you determine if you might be able to recover for you injuries or those of a loved one. In many cases, there is a limited time during which you can legally pursue a wrongful death claim. Act now to prevent losing your right to compensation.