When you unexpectedly lose a loved one, the pain and suffering you endure can be devastating. If your loved one’s death is the result of the negligence and actions of another party, you may wonder where you can turn to find justice.
A wrongful death claim can help you to speak for your loved one, and allow their voice to be heard. Financial compensation can’t heal your wounds or cover your loss, but it may help ease your burden, alleviate your stress, and set a precedent for others that reduces the gross negligence that leads to wrongful death.
If you’re picking up the pieces after losing someone in Noblesville, Indiana, a wrongful death lawyer can help. The personal injury attorneys at Yosha Law can fight for justice for you, and help you navigate the complexities of the legal system. You don’t have to walk this path alone.
- What you need to know about wrongful death in Indiana
- What is wrongful death?
- Legal damages in a Noblesville wrongful death case
- How a Yosha Law wrongful death lawyer in Noblesville can help
- Most common causes of wrongful death in Noblesville
- Connect with Yosha Law
What you need to know about wrongful death in Indiana
Wrongful death claims in Indiana are often the result of medical malpractice, workplace accidents, product defects, and auto accidents. Indiana law includes a general wrongful death statute, § 34-23-1 that allows children, dependents, legal guardians, parents, or spouses of the deceased to file a claim on their behalf and doesn’t place a cap on damages.
However, the Indiana Statute of Limitations, § 34-11-2-4, mandates that you file your wrongful death claim within two years of the date of your loved one’s death. If you fail to file before this time window has elapsed, you may no longer have legal recourse to compensatory damages.
In Noblesville, you may initially choose to file a wrongful death insurance claim against a liable party. However, large insurance companies may lowball your claim, deny your claim, or fail to produce a settlement in a timely manner.
You can also file a lawsuit without a lawyer, but wrongful death cases are complex and may require extensive legal knowledge to help you receive just compensation for the loss of your loved one.
A Noblesville wrongful death lawyer can advise you on the strength of your claim, take care of case-related paperwork, and gather evidence to help increase the strength of your case.
What is wrongful death?
In legal terms, a wrongful death is a tragedy that occurred as the direct or indirect result of another party’s gross negligence or intentional actions. Wrongful deaths can be filed in conjunction with a defendant’s criminal charges, or may have a legal path even if no criminal negligence is proven.
For example, if your loved one died as a result of gross medical malpractice, you may file a wrongful death claim if a medical professional administered the wrong medication, or a surgeon was intoxicated while operating on your loved one.
Legal damages in a Noblesville wrongful death case
The compensation you receive in a wrongful death case in Noblesville can be broken into three categories known as damages. These damages include economic, non-economic, and punitive.
Punitive damages are rarely (but can be) included in a claim, and are often determined by a judge or jury as punishment to the defendant on top of the monetary judgment awarded in a case. A wrongful death case might include multiple damages, including the following:
- Emotional Trauma:
If you have suffered documented, diagnosed emotional trauma as a result of a wrongful death, and have witnesses who can testify about your emotional and mental state in the aftermath of your loss, you might claim this non-economic damage.
- Pain and Suffering:
Most wrongful death claims include pain and suffering damages — the non-economic emotional, mental, and physical anguish you’ve experienced deserves to be compensated in a wrongful death case.
- Loss of Financial Support:
A wrongful death of a spouse or parent can often mean the loss of significant and necessary income. Mounting bills and financial consequences can be a direct result of the loss of this financial support, and you might claim this loss under economic damages.
How a Yosha Law wrongful death lawyer in Noblesville can help
Wrongful death cases can be extremely nuanced and legally complex. You may also be dealing with heightened, painful emotions that make these legal challenges difficult to manage on your own.
At Yosha Law, we understand personal injury lawsuits, and the uniquely sensitive, painful nature of wrongful death claims. We’ve helped numerous clients find justice for the deaths of their loved ones, and have even helped pass Indiana laws to offer innocent victims further protection, including Norah’s Law, which helps protect our roadways.
If you choose to retain a Noblesville wrongful death lawyer from Yosha Law, we’ll advise you on the strength of your case, help gather forensic evidence and testimony, and if a compensatory settlement cannot be reached before trial, we’ll fight for you in court. Here are several other ways we can help:
Calculate damages
In order to come up with a just compensatory amount, we can help you to calculate your various damages and come up with a monetary value. Although there is no true way to quantify your loss, we’ll take a look at your economic and non-economic losses and add them together.
Prove gross negligence
Gross negligence can be difficult to prove, but a Noblesville wrongful death attorney can help you to prove the following occurred, and that the at fault party is liable for your damages:
- Causation:
We can help prove that the defendant in your case breached the universal duty of care and that this breach directly, or indirectly, caused your loved one’s wrongful death.
- Breach of duty of care:
There’s a universal standard of care that we all must meet. If another party intentionally or unintentionally created the conditions that led to your loved one’s death, this is considered a breach of duty of care.
We’ll use evidence from your loved one’s accident, including hospital documentation, police reports, eyewitness testimony, and photos or videos of the scene of the accident to prove this breach.
- Proof of damages:
After both the breach and causation have been proven, we’ll collect your medical bills, funeral costs, and other proof of losses to strengthen and support your legal claim.
Representation in court and in negotiations
You shouldn’t have to deal with the defendants in your wrongful death case or enter a courtroom on your own. You need a wrongful death lawyer with legal knowledge and compassion to stand for your best interests and offer you support.
A Yosha Law attorney will act on your behalf in any pretrial negotiation meetings, and fight for justice on your behalf. If your case goes to trial, we’ll explain every step of the legal procedures and clearly communicate with you about what to expect.
Most common causes of wrongful death in Noblesville
In Noblesville, our wrongful death lawyers see many reasons for a wrongful death legal claim. However, here are some of the most common:
- Vehicle accidents:
Car, motorcycle, and truck accidents are common causes in wrongful death cases. Although sometimes these accidents are out of a vehicle operator’s control, they can be the result of gross negligence, including intoxicated driving, reckless driving, and excessive speed.
- Medical malpractice:
Physicians have an extra duty of care and take the Hippocratic Oath to do no harm. However, as imperfect human beings, they may make mistakes or intentionally cause harm that directly leads to a wrongful death.
According to a study from Johns Hopkins Medicine, annually, 251,000 medical malpractice cases are filed, and 9.5% result in fatality.
- Workplace accidents:
If an employer failed to adhere to OSHA (Occupational Safety and Health Administration) guidelines and didn’t maintain safe equipment or a safe work environment, the employer might be liable for the workplace accident that led to a wrongful death.
When to file a wrongful death lawsuit
It’s a good idea to consult a Noblesville wrongful death lawyer before you even file an insurance claim.The advice of an attorney can help you to understand the merits of a settlement offer, and help you to plan for future losses you may incur as a direct result of your loved one’s death.
If an insurance company does not offer a reasonable settlement, you may choose to take the next step and file a lawsuit. Remember, it’s important to make this decision before the Indiana statute of limitations expires.
Your decision to file a wrongful death lawsuit might be influenced by the following:
- Was the death directly, or indirectly, caused by another party?
- Was your insurance claim denied?
- Did the insurance company offer you a lowball settlement?
- Have you incurred unexpected costs, economic or otherwise, as a result of a wrongful death?
- Did the at fault party exhibit gross negligence?
Connect with Yosha Law
If you choose to retain a Noblesville wrongful death lawyer at Yosha Law, you will receive the one-on-one attention and guidance you deserve. You’re not just another case number at Yosha – you become an extended part of our family.
We understand the deep suffering a wrongful death can cause, and that the pain and suffering you’ve experienced is unique to your case. You deserve justice for the loss of your loved one, and you don’t have to walk this path alone. We’ll stand beside you and support you in your fight for your loved one.
Let us take care of your legal needs so that you can concentrate on healing and learning to live with your new normal. Contact Yosha Law for a consultation today.
