Gathering evidence and taking appropriate legal measures are essential in holding negligent parties responsible through an Indiana wrongful death lawsuit. In a recent case, however, the estate of a woman who died because of alleged medical malpractice cannot receive survivor damages, because her husband died without having a will or naming heirs.
Safety defects and failure to warn about dangers can lead to tragic deaths. Those in Indiana who lose a loved one in such situations may want more information about pursuing a wrongful death lawsuit. In one case, inadequate safety measures and an unrepaired recalled vehicle were blamed for a fatal car accident that led to the drowning of a man who was not even in the vehicle.
Evansville residents may be concerned to hear that every 43 seconds, a hit-and-run crash takes place in this country. These car accidents and related deaths reached record levels in 2016, according to a recent report by the AAA Foundation for Traffic Safety.
It is the unfortunate fact that a person's life could be cut short due to the acts of another individual. When this happens, the victim's survivors might pursue a wrongful death case. However, wrongful death cases are not always straightforward. A wrongful death case can involve unlikely and unforeseen parties, and the specific circumstances and specific facts of the case can determine its outcome. In one case, a lawsuit was filed against a church for the drowning death of a babysitter at its pastors' home. The Indiana Court of Appeals ruled in April that this lawsuit may continue.
Families who suffer the loss of a loved one in Indiana cannot seek damages for the victim's pain and suffering. They cannot recover more than $300,000 from a negligent person for the loss of companionship and love from the deceased person. A recent nursing home neglect and wrongful death lawsuit seeks to overturn these limitations under the state's Adult Wrongful Death act.
Medical care is intended to alleviate sickness and suffering. However, negligent treatment can cause preventable death or injury and form the basis of a wrongful death lawsuit in Indiana and elsewhere. A recent report blames diagnostic errors as the biggest source of medical malpractice claims from 2013 to 2017.
It is never easy to deal with the loss of a loved one. This is especially true when it occurred unexpectedly. When accidents occur, we often ask ourselves, could it have been prevented. And, when a loved one dies in an accident, we further ask, was this the fault of a negligent party. If negligence or recklessness played a role in the death of a loved one, individuals in Indiana and elsewhere often seek justice by holding that party accountable.
A wrongful death is not limited to construction mishaps or fatal car accidents. For example, a woman filed a lawsuit against a Mexican restaurant in West Lafayette in August for the death of her husband and for the injury she suffered from food poisoning.
A previous post on this blog discussed different types of accidents that commonly lead to wrongful death lawsuits getting filed by grieving Evansville, Indiana families. No matter the cause, though, the weight a grieving family must feel both emotionally and financially is tremendous. In addition to the shock of losing a loved one, the family must also immediately deal with medical bills, funeral expenses and, in many cases, the loss of someone's income which they may have relied on for support.