Life can change in an instant, and tragedy can hit any one of us. When you lose a loved one due to the actions (or inactions) of another party, you may experience the long-lasting impact of trauma and your life may never be the same.
How can you find justice for your loved one, who can no longer speak for themselves?
Proving gross negligence and the amount of a compensatory settlement can be difficult on your own. You shouldn’t have to deal with the complexities of the legal system alone. If you’re in Greenwood, Indiana, the right wrongful death lawyer can help.
Financial compensation cannot make up for the loss of a loved one, but it may help alleviate some of the stress caused by their absence. A knowledgeable, compassionate wrongful death attorney in Greenwood may be able to help.
What you need to know about wrongful death in Greenwood
In Greenwood, if you feel that your loved one died due to someone else’s negligence, you may choose to file an insurance claim with the liable party’s insurer. However, insurance companies are notoriously reluctant to settle claims and may deny them, or may offer a low compensatory amount to quickly close a case.
Wrongful death claims can be tricky. However, if you choose to file a lawsuit, a Greenwood wrongful death lawyer can advise you on your claim, ensure time-sensitive court documents are filed, and can help you to build a strong case.
What is wrongful death?
In legal terms, a wrongful death is a claim against specific defendants made by dependents, spouses, or other family members of a deceased person. Wrongful deaths are claimed on the basis of gross negligence or purposeful actions of a party that lead to death.
Although wrongful death cases may follow criminal charges, they can also be filed independently of criminal convictions. If a wrongful death claim is filed with an insurance company, it’s important to remember that once you’ve accepted a settlement offer, you might not have legal recourse to further compensation.
When to file a wrongful death lawsuit
After consulting a wrongful death attorney in Greenwood and filing a claim against an insurer, you may choose to reject any initial settlement offer and pursue a lawsuit. Although a lawyer can advise you on whether or not to file a lawsuit, there are several factors that may weigh into this decision, including the following:
- A denied insurance claim
- Lowball settlement offer
- Provable gross negligence
Common causes of Greenwood wrongful deaths
Wrongful death can occur in a number of ways. However, the attorneys of Yosha Law see some common causes in the cases clients bring to us in Greenwood. Here are some examples:
- Auto accidents:
Car, motorcycle, and truck accidents that result in tragedy can lead to a valid wrongful death claim. For example, if an intoxicated driver is responsible for your loved one’s death, you may choose to pursue a wrongful death lawsuit.
In Greenwood and elsewhere in Indiana, dram shop laws also require safe alcohol service and an establishment may be held liable for the actions of a drunk patron who operates a vehicle after being overserved.
For example, If the driver was served alcohol by a privately-owned establishment such as a bar or a restaurant and showed signs of intoxication, these businesses might be named as defendants in your lawsuit as well.
- Drug overdose:
A physician or an illegal drug dealer who knowingly prescribes or sells drugs to an addict, or who gives your loved one drugs laced with other substances, may be found liable in a wrongful death case if their patient/ customer dies as a result of their actions.
- Medical malpractice:
According to a study from Johns Hopkins Medicine, every year there are 251,000 medical malpractice cases in the U.S. and 9.5% result in death. Avoidable medical errors can lead to legally valid wrongful death claims.
For example, if your hospitalized loved one receives the wrong intravenous medication and then passes away, the nurse who administered the medication, the doctor who prescribed it, and the hospital may all become named defendants in a wrongful death lawsuit.
- Product liability:
When purchased products malfunction as a result of manufacturer, supplier, or retailer error and result in the death of your loved one, you may have a valid wrongful death legal claim.
For example, if a child’s dresser falls and causes their death due to the manufacturer’s gross negligence, you might seek a compensatory settlement.
- Workplace accidents:
In Indiana, 156 fatal workplace accidents occurred in 2022. Workplace accidents that result in death may be valid claims to wrongful death compensation if it can be proven that an employer displayed extreme negligence.
For example, if an employer fails to maintain workplace conditions or follow OSHA (Occupational Safety and Health Administration) guidelines, and that results in the death of a worker, the employer may be found liable.
Why you need a Greenwood wrongful death lawyer
Wrongful death cases are emotionally wrought and it may be difficult for you to navigate through the legal complexities on your own. Although these claims fall under personal injury law, it’s important to prove either gross negligence or malicious intent to receive the compensatory award you deserve.
A Greenwood wrongful death lawyer can help you prove your case, calculate your damages, and act as your representation in any negotiations with the insurers or defendants in your case.
Proving gross negligence
In order to prove gross negligence in your case, a wrongful death attorney in Greenwood can help you establish the following:
- Failure to meet duty-of-care standards:
Whether your wrongful death claim is the result of a car accident, a slip and fall, or a workplace accident, you’ll need to prove that the liable party breached the universal, standard duty of care to avoid intentionally or unintentionally inflicting harm on others.
- Causation:
Your lawyer can help you prove that the breach of duty of care by the defendant (s) in your case directly led to the wrongful death of your loved one.
- Proof of Damages:
The compensatory amount sought in a wrongful death case is based on categories known as damages. A lawyer can help you to determine the damages you can claim, and the financial compensation you should seek in your case.
Calculating damages
An attorney can also help you to calculate the damages in your case. Damages are broken down into three categories: Economic (for example, lost wages and funeral costs), Non-economic (such as pain and suffering or emotional trauma), and Punitive (these damages are often handed down by a judge or jury as punishment in a wrongful death case).
Although there is no way to truly calculate non-economic damages, a lawyer can advise you on general financial estimates and the types of damages you might claim.
Negotiation representation
Acting on your own behalf in a wrongful death case may prove challenging. Understandably, you may feel extremely emotional and might not be able to navigate through the complexities of negotiations with the insurance companies or named parties in your case.
The right attorney can use extensive legal knowledge to advocate for you and act as your representative in these meetings. However, a Greenwood wrongful death lawyer should never accept settlement offers without your permission.
How Yosha Law can help
The Greenwood wrongful death lawyers of Yosha Law understand the devastation of the loss of a loved one due to the negligence of another party. You deserve justice for the suffering you’ve endured and you shouldn’t have to walk this path alone.
We understand the emotional, physical, and financial toll of your unimaginable loss, and we can walk alongside you to ensure you can fight for the compensation you deserve. We’ll deal with insurance companies and any settlement offers from the defendant in your case, and ensure the completion of all time-sensitive court filings.
We’ll communicate with you through every step of your case and support you on your road to recovery. Let us navigate the legal process so that you can concentrate on healing.
Contact us for a free consultation today and together we can explore the merits of your wrongful death case.
