Category: Wrongful Death

November 28, 2017 / Wrongful Death

Bicycle Deaths: It’s No Longer Mostly Children

More than 40 years ago in 1975, over three-fourths—78 percent—of all bicycle traffic deaths happened to those aged 20 and under. But by 2015, the average age of a cyclist who died while riding their bike was 45, an enormous change. Adult cyclist deaths now comprise 88 percent of all bicycle fatalities, with the number of deaths going up by an average of 55 a year. If you are one of the many adults who ride their bicycle to commute or run errands, for exercise, or simply for fun, you’ll want to know about the study that was funded by State Farm Insurance and carried out by the Governors Highway Safety Association (GHSA). The GHSA Report’s Findings The incidence of cyclists getting hurt is rising along with fatalities. In 2015, an [...]

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[...]