Indianapolis is the capital city of the state of Indiana. Home to close to 2 million people, this Midwestern city is the 12th largest city according to population. Unfortunately, there are wrongful deaths that require the services of an Indianapolis wrongful death attorney.
A certain type of attorney is needed for the type of personal injury that can specializes in wrongful death. Wrongful death is subject to a statute of limitations in the state. The statute of limitations in Indiana is two years. A claim in Indiana must be filed within two years of the date the death occurred, according to Indiana’s statute of limitations. You can be nearly certain that If the claim is not filed within two years, the court almost certainly refuses to hear the matter.
Indiana is special in the fact that a wrongful death tort has a cap Indiana the amount of Aggregate Damages for Wrongful Death may not exceed $300,000 in Indiana, except under special circumstances. Indiana provides for wrongful death lawsuits in three different statutes: the Wrongful Death Act, the Child Wrongful Death Act, and the Adult Wrongful Death Act.
The Indiana Wrongful Death Act
The Indiana Wrongful Death Act is the general law in the state. The Act allows for whomever the personal representative of the deceased may bring some sort of civil action. The civil action in the lawsuit is meant to recover the damages on behalf of children, next of kin dependents, and children of the deceased. Under the Indiana Wrongful Death Act there is no cap on the amount of damages, however the amount awarded to pay for medical, hospital and burial expenses must be “reasonable”.
Under the Indiana Wrongful Death Act, there are two forms of wrongful death laws. Those laws are the:
What is a Wrongful Death?
If you have lost a family member due to an act of negligence, you may want to see that those responsible are held accountable. You may want to see that this doesn’t happen to anyone else. You may want to see that you and your family get compensation for what you have been put through. This type of an Indianapolis personal injury lawyer is known as a wrongful death attorney.
There are many ways that can cause an injury that bears some set of liability or some act of negligence. Here are some of the following common causes where an attorney should become involved.
Whenever we go to visit the doctors office, there’s a trust that there will be an appropriately diagnosed and treated illness. Unfortunately, there are doctors and nurses who do make mistakes, often and unfortunately with some regularity, and these medical mistakes have the potential to seriously injure or even kill the patients who trust them.
Medical malpractice occurs when a doctor, hospital or any other healthcare provider or individual causes a death due to some act of negligence or omission. Generally, the malpractice occurs when there is some sort of malpractice or negligence in the treatment, diagnosis or overall mismanagement of an individuals medical treatment. Wrongful death occurs when the act of malpractice results in death. An Indianapolis medical malpractice attorney can help with a potential claim.
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Tractor Trailer/18 Wheeler Accidents
The trucking industry is vital for our economy, delivering goods from manufacturers to our consumers on our extensive network of highway systems.Tractor-trailer accidents can be deadly, and whenever there is an accident where an 18-wheeler causes a death, there is a significant amount of emotional trauma. It’s important to get in contact with an Indianapolis truck accident personal injury attorney to give you immediate representation.
There are multiple layers of potential responsibility with a truck accident, and laws that regulate the trucking industry are stricter than those that apply to passenger vehicles. Only an 18-Wheeler Accident Attorney can truly help you to determine if you have a proper claim and provide you with the representation that you need the most.
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Nursing Home Neglect
Neglect is defined as the following: disregard of duty resulting from carelessness, indifference, or willfulness; especially : a failure to provide a child under one’s care with proper food, clothing, shelter, supervision, medical care, or emotional stability. Negligence is never listed directly as a cause of death, however, according to the National Council on Aging, elders who have been abused have a 300% higher risk of death when compared to those who have not been mistreated or neglected. Elder abuse will no longer go unnoticed and now we will help to make sure that someone is held accountable.
Nursing home neglect is similar to nursing home abuse in many ways, but they are not the same. Nursing home neglect often involves four different types of nursing home death claims. Those four types of neglect that result in a claim are the following:
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Unsafe Working Conditions
According to a recent study released by the AFL-CIO, about 150 workers a day died every day in 2015 as a result of hazardous working conditions. In a 2017 report, they found that 4,836 workers died after suffering workplace injuries in 2015, based on statistics released by the Bureau of Labor Statistics. If you have a loved one that died while at work, there may be a chance that it was as a result of unsafe work conditions.
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Dangerous Drugs/Defective Drugs
Nearly 60 to 70 percent of Americans take at least one prescribed drug on a daily basis. Be it an asthma inhaler to some form of SSRI let’s face it, with that many prescribed medicines, there’s the opportunity for a growing death toll. In a study published in the Journal of the American Medical Association performed in 1998 projected 106,000 deaths. There are more recent estimates that more than 128,000 Americans die every year from taking prescription drug, all taken as prescribed. If you have a loved one that died from use of drugs such as:
- Warfarin (Coumadin)
- Clopidogrel (Plavix)
- Glipizide, glyburide or oral diabetes medicines called sulfonylureas
- And more
You may be able to hold the manufacturer, lab, pharmacy, doctor or technically anyone in the chain of distribution of a bad drug is potentially liable for personal injuries or even death as a result of the prescription of the bad drug.
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Asbestos-related death is the result who was diagnosed with mesothelioma or an asbestos-related illness, and passed away either before or during a lawsuit. People who are close enough to the deceased can file a claim, provided they meet certain criteria. families should be able to file a lawsuit even if their deceased loved had not yet filed a case with regards to asbestos exposure. However, it is vital that a mesothelioma wrongful death case is filed as soon as possible
If you believe that you are in need of the services of qualified, experienced Indianapolis, Indiana wrongful death attorneys, we can help. Our lawyers are here to make sure that important deadlines are not missed. And most importantly, that the case is filed under the applicable statute by the proper parties, and that all available compensation is secured for you and your loved one’s memory.