Wrongful Death Lawyer
If you have lost a loved one due to the negligence of another party contact a Wrongful Death Lawyer West Lafayette, Indiana from Hall-Justice Law Firm today to schedule a free consultation. Suffering the loss of a family member is devastating, and you need help at this time of need. Do not try to pursue your case without first consulting with an experience wrongful death lawyer Call the office at (765) 246-9900 to learn more about the legal services we offer.
Understanding Wrongful Death Cases
Wrongful death cases are civil actions brought by survivors of a decedent who lost their life as a result of the negligence or wrongful act of another party. Many wrongful death cases may also be associated with criminal cases. Criminal cases and civil cases are filed and handled separately from one another. A wrongful death case is entirely civil, and it is intended to compensate the survivors for the loss of their loved one. The form of compensation is a settlement or judgment that concerns an amount of money to be paid to the injured party bringing the lawsuit.
If you successfully pursue a wrongful death case the court will order the at-fault party to pay a certain sum of money. The amount of money includes compensation for various damages such as medical bills, funeral costs, lost wages, and loss of consortium.
What Types Of Damages Are Available In Wrongful Death Cases?
The wrongful death statute in each state determines the kinds of damages that can be claimed by the injured party. The damages each party suffers will depend on the facts and circumstances of the specific case. The following types of damages are generally recoverable by injured victims in wrongful death cases.
- Loss of consortium, which includes support, love, and affection. These damages are brought by the surviving spouse who lost the moral support, guidance, and attention associated with the relationship with her spouse.
- Loss of domestic services such as caring for children, cleaning, cooking, and other daily tasks performed in the household
- Loss of financial support that was used to manage the household
- The income the decedent would have earned during the remainder of their lifetime had the accident not happened
- Burial expenses and reasonable funeral costs
The Elements Of A Wrongful Death Case
The elements of a wrongful death case are as follows:
- The death of the decedent
- The death was the result of another party’s negligent actions or intent to cause harm
- The surviving family members are experiencing financial loss due to the decedent’s demise
Slip And Fall Lawyer West Lafayette, IN
If you have been in a slip and fall accident, then it is often in your best interest to contact a slip and fall lawyer in West Lafayette, IN, for a consultation. You could easily need a lawyer because you are a victim of a personal injury accident. While many people only think that you need a lawyer, if you go to trial, that simply isn’t the case.
If your injuries are the result of someone else’s negligence, then you could qualify to seek financial compensation for your losses. If you have never worked with a lawyer before, then it can feel overwhelming to gather all the information.
Ways a Slip And Fall Lawyer Can Help You
There are several ways that a slip and fall lawyer can help you with your insurance claim to get the compensation you rightly deserve.
Establish Liability
A lawyer can investigate your case to determine and demonstrate liability on the part of the property owner. From there, they can assess the cause of your fall and determine if the owner of the property contributed to the circumstance or if the accident was unavoidable.
An example of this would be a lawyer can investigate the property to see if a similar incident ever occurred in the past. This can help prove that the landlord or owner possessed the knowledge of the safety hazard. If the landlord knew of the hazard and didn’t take reasonable action to address it within a reasonable time, then they could be liable for your losses.
Slip and fall accidents can happen anywhere and can result in serious injuries. About 800,000 hospitalizations occur each year due to slip and fall accidents. The vast majority of these injuries consist of hip fractures and head injuries. These two conditions can result in temporary or even permanent disability for the victim. This means that getting financial compensation can truly help those who cannot work for a period of time or are permanently disabled all together.
Represent You if Your Case Goes to Trial
If the negotiations with the incurrence company fall through, then your lawyer can also help you file a personal injury lawsuit. They can help you meet all the necessary deadlines, such as the statute of limitations in Indiana, and take care of all the necessary paperwork.
Your lawyer will also be able to coach you about what to say during the trial process. They will ensure that you don’t give any false information, but also ensure that all the information you provide is as accurate as possible. They will also gather all the necessary documents to prove that you are not liable for your accident.
When it comes to dealing with insurance companies, you should greatly consider working with a lawyer. A good slip and fall lawyer from West Lafayette, IN from the dedicated team at Hall-Justice LLC will be able to answer any more questions you have, so don’t hesitate to reach out for a consultation today!
Contact Hall-Justice Law Firm Today To Schedule A Free Consultation
Contact Hall-Justice Law Firm today to schedule a free consultation during which we can discuss the facts of your case. Retaining a wrongful death lawyer is one of the best things you can do for you and your family. An experienced and knowledgeable wrongful death lawyer can help you obtain the financial compensation you deserve. Call (765) 246-9900 to learn more about the legal services we offer. Hall-Justice Law Firm is here to help you and your family.
Damages In A Wrongful Death Lawsuit
A West Lafayette, IN wrongful death lawyer understands how painful the tragic loss of a loved one can be and that sometimes, wrongful death lawsuits are the only form of justice a family can obtain. Wrongful death claims are legal actions pursued when someone dies due to the negligence or intentional harm of another party. In such cases, various damages may be sought to compensate for the loss suffered by the deceased person’s loved ones. Here are four common damages available in wrongful death lawsuits. For more detailed information about your particular situation, call Hall-Justice Law Firm.
Economic Damages
Economic damages aim to compensate for the financial losses incurred as a result of the deceased’s death. These may include:
- Loss of Financial Support: This encompasses the income, benefits, and financial contributions the deceased would have provided to their family had they not passed away prematurely.
- Funeral and Burial Expenses: Wrongful death lawsuits often cover the costs of arranging a funeral, burial, or cremation, helping to alleviate the financial burden on the surviving family members.
- Medical Expenses: If the deceased incurred medical bills related to the injury or illness that led to their death, these expenses may be recovered through economic damages.
Non-Economic Damages
Non-economic damages address the intangible losses experienced by the surviving family members. These may include:
- Pain and Suffering: Compensation for the physical and emotional pain endured by the deceased before their death, as well as the anguish experienced by their loved ones due to the loss.
- Loss of Consortium: This refers to the deprivation of the companionship, love, affection, and emotional support the deceased would have provided to their spouse, children, or other family members.
- Loss of Guidance and Mentorship: If the deceased played a significant role in guiding and mentoring their family members, especially children, the wrongful death lawsuit may seek compensation for the loss of such guidance.
Punitive Damages
Punitive damages are intended to punish the defendant for their egregious conduct and deter similar behavior in the future. While not awarded in every wrongful death case, they may be sought when the defendant’s actions were particularly reckless, malicious, or intentional. A West Lafayette wrongful death lawyer can determine if you may be entitled to punitive damages in your case.
Survival Damages
Survival damages are distinct from wrongful death damages and are awarded for the losses the deceased suffered before their death. These may include:
- Pain and Suffering: Compensation for the physical and emotional pain endured by the deceased as a result of the injury or illness that led to their death.
- Lost Wages: If the deceased could not work and earn income due to the injury or illness before their death, their estate may seek compensation for the lost wages.
- Medical Expenses: Any medical bills incurred by the deceased before their death, including hospitalization, treatment, and rehabilitation costs, may be recovered through survival damages.
Call Our Office For Legal Help
Wrongful death lawsuits aim to provide a sense of justice and financial compensation to the surviving family members of those who have died due to the negligence or wrongful actions of others. By working with a West Lafayette wrongful death lawyer, families can pursue legal recourse to help alleviate the financial and emotional burdens caused by their loss. Call Hall-Justice Law Firm to schedule a free consultation and find out how our firm can help your family obtain financial justice for your loved one’s death.
Wrongful Death Lawsuit FAQs
Each West Lafayette wrongful death lawyer at our firm understands that losing a loved one because of another party’s negligence is devastating. Although no amount of money will ever make up for that loss, a wrongful death lawsuit is sometimes the only way for a family to obtain financial justice. The following are common questions regarding this legal action. For more detailed information, call Hall-Justice Law Firm LLC.
What Is A Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal claim brought by the survivors of a deceased person against a party who is legally responsible for the death. It seeks to hold the responsible party accountable for causing the death due to their negligence, intentional act, or wrongdoing. Wrongful death lawsuits are civil actions distinct from criminal cases and aim to provide compensation to the surviving family members for their losses.
Who Can File A Wrongful Death Lawsuit?
In general, the right to file a wrongful death lawsuit is typically granted to the deceased person’s immediate family members, such as:
- Spouse: The surviving spouse can usually file a wrongful death lawsuit on behalf of the deceased spouse.
- Children: Minor children, adult children, or adopted children of the deceased may have the right to file a lawsuit.
- Parents: In some jurisdictions, parents may be able to file a wrongful death claim for the death of a minor child or in specific circumstances involving adult children.
If there are no immediate family members available or willing to file the lawsuit, a personal representative of the deceased person’s estate may file on behalf of the estate and any beneficiaries.
What Types Of Incidents Can Lead To A Wrongful Death Lawsuit?
Wrongful death lawsuits can arise from various incidents where negligence, recklessness, or intentional harm results in someone’s death. Common scenarios include:
- Car accidents: Fatalities caused by negligent or reckless driving, such as speeding, drunk driving, or distracted driving.
- Medical malpractice: Deaths resulting from medical errors, misdiagnosis, surgical mistakes, or negligence by healthcare professionals.
- Workplace accidents: Fatal injuries sustained due to unsafe working conditions, inadequate training, or employer negligence.
- Product liability: Deaths caused by defective products, including faulty machinery, dangerous pharmaceuticals, or unsafe consumer goods.
- Criminal acts: Deaths resulting from assault, battery, homicide, or other criminal acts where the perpetrator can be held civilly liable.
Each case is unique, and the specific circumstances surrounding the death will determine whether there are grounds for a wrongful death lawsuit. A West Lafayette wrongful death lawyer can guide you through this legal process.
What Damages Can Be Recovered In A Wrongful Death Lawsuit?
Damages awarded in a wrongful death lawsuit aim to compensate the surviving family members for their losses and expenses resulting from the death of their loved one. These damages may include:
- Medical expenses: Costs incurred for medical treatment related to the injury or illness that led to the death.
- Funeral and burial costs: Funeral, burial, or cremation services
- Lost income and financial support: Compensation for the income the deceased would have earned if they had lived, including potential future earnings and benefits.
- Loss of companionship and consortium: Damages for the emotional suffering, loss of love, companionship, and guidance experienced by the surviving family members.
- Pain and suffering: Compensation for the physical and emotional pain and suffering endured by the deceased before death, if applicable.
- Punitive damages: In cases involving extreme negligence or intentional harm, punitive damages may be awarded to punish the responsible party and deter similar conduct.
Call Our Personal Injury Law Firm Today
If you would like to find out what legal recourse you have for your loved one’s death, call Hall-Justice Law Firm LLC to schedule a free and confidential consultation with a dedicated West Lafayette wrongful death lawyer.