Category: Wrongful Death
May 29, 2019 / Wrongful Death
Are You Eligible to File for a Wrongful Death Claim?
Losing a close family member under any circumstance is devastating and life-changing. When the death is unexpected, the mourning process is compounded by shock, uncertainty, and fear for the future. You may have been financially dependent on that person. At the very least, you will face funeral and burial costs and the monumental work of sorting out your loved one’s affairs for them. If your family member’s passing is the result of negligence or the actions of another party, it meets the definition of wrongful death. And you may be entitled to compensation. Mike Stephenson is an experienced and compassionate Indianapolis wrongful death lawyer who will fight to win the damages you deserve so you can focus on grieving and, eventually, [...]
March 18, 2019 / Wrongful Death
How to File a Wrongful Death Lawsuit in Indiana
If a member of your immediate family was killed due to negligence or an intentional act of another, you need to know how to file a wrongful death lawsuit in Indiana to seek compensation for your loss. You need to learn who can file these types of legal actions and what can be sought by them are controlled by Indiana statutes and court cases interpreting them. In order to file a wrongful death lawsuit, the following must be met: The deceased apparently died due to negligence or because of an intentional act of another, You are allowed by statute to benefit from the lawsuit, You seek damages allowed by state statute, and The filing occurs within two years of the person’s death. The deceased apparently died due to neglige[...]
January 18, 2018 / Wrongful Death
Types of Wrongful Death Damages in Indiana
We say that a wrongful death has occurred when someone has died due to the carelessness, negligence, or wrongful actions of another party or parties. In such a case, a lawsuit can be filed on behalf of family members who are suffering from the loss of companionship and financial support that the deceased would have provided. Wrongful deaths can occur in cases of medical malpractice, work accidents, and personal injury situations (such as vehicular crashes) when negligence is involved. A wrongful death suit enables you to ask for damages. Damages, a legal concept, are monetary and are intended to make the survivors whole again. While no amount of money can compensate for the loss of a loved one, damages can ease the way of dependents left[...]
March 28, 2017 / Wrongful Death
The Differences Between Wrongful Death and Survival Action Cases
If you are considering a wrongful death action, you may have heard about a survival action, and thus have questions about the differences between the two legal situations. We at Stephenson Rife are here to help you understand your options. Both wrongful death actions and survival actions are governed by state law. In Indiana, you are allowed to pursue both wrongful death actions and survival actions. Before state laws existed, any personal injury claim died when the deceased passed on. There was virtually no right to pursue personal injury claims after death back then. The first general wrongful death statute in Indiana was enacted in 1852. What Is a Wrongful Death Action? Wrongful death statutes allow the deceased’s estate to be awa[...]