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Wrongful Death:  Indiana Law and How it Impacts You

Wrongful Death: Indiana Law and How it Impacts You

The attorneys at Goodin Abernathy LLP handle Wrongful Death claims – fighting to honor the memory of lost loved ones and supporting their dependents as the law allows. Losing a loved one is catastrophic. The physical and emotional void left by a family member’s death feels insurmountable. These emotions don’t even include the financial toll of losing a family’s bread-winner. Money can’t replace someone we love, but as a practical matter, it’s something families need legal help collecting. In Wrongful Death cases, not only do Goodin Abernathy LLP attorneys know we are legally obligated to pursue the fullest extent of damages under the law – we want to fight for them because we care about our clients.

Indiana law allows family members and dependents to recover money as legal damages when their loved one is killed by another’s negligence. “Damages” is a legal term referring to the compensation – normally a sum of money – provided to a person who suffers harm or loss due to the negligence of another. Negligence causing one’s death is commonly known as a “wrongful death” claim.

Here are some things to consider when deciding what to do after losing a loved one to Wrongful Death.

Wrongful Death is a Civil Claim not a Criminal Claim

Wrongful Death refers to deaths that result from the negligent act of an entity or another person. A negligent act does not always mean a crime was committed. Your loved one’s death need not be the result of an intentional criminal act for you to make a Wrongful Death claim.  We are experienced handling cases involving both criminal and negligent (civil) claims. Explaining how the criminal and civil laws work is one of the first things we address with grieving families. It’s natural to ask “Why didn’t that driver, who ran the red light, get sent to jail?” Goodin Abernathy’s attorneys evaluate and explain cases clearly. Sometimes cases do not involve criminal acts and we understand families are stunned the at-fault driver is not going to jail. While being honest with our clients, we are also sympathetic to their loss. No question is a dumb one and no feelings are dismissed by us. We take the time to walk our clients through legal explanations because we want them to understand and be comfortable with the process. As regular people, Goodin Abernathy’s attorneys actually care about our clients – then we use our training and experience to provide them with superior legal services.

What Sorts of Deaths Qualify as Wrongful Deaths?

Here are some situations that can lead to a Wrongful Death claim: Auto Accidents, Bicycle Accidents, Birth Injuries, Dog Bites, Drunk Drivers, Motorcycle Accidents, Drowning, Electrocution, Construction Accidents, Dangerous Working Conditions, Traumatic Brain Injury and Trucking Accidents.

Was someone driving erratically, causing an accident that killed your loved one? Did your loved one suffer an accident at work resulting in their death? Besides having an Indiana Worker’s Compensation claim, you may also have a wrongful death claim. There is a big, important difference between the two. Because we’ve handled these situations, we’ll explain how we prosecute both legal claims for our clients’ maximum benefit.

I’m Grieving and Don’t Have the Time or Energy to Pursue Legal Action

Losing a loved one is exhausting. It feels like there is a never-ending number of things to take care of and the last thing most people want to consider is a drawn-out legal battle. We get it- just remember two things: 1) In Indiana, the personal representative of the deceased has two (2) years to make a claim. (IC 34-23-1-1); and 2) the longer you wait to engage legal help means the more likely important evidence is lost.  You might not feel like you have the time to juggle a lawsuit and find your way after a loss. But trust the idea we want to help, and we will make it as easy as possible to connect and communicate with us. When it comes to the legal issues involved with a claim, it’s our job to do the work so you and your family can move forward at the same time.

What Sort of Damages are Available in a Wrongful Death Case?

Damages may include medical, hospital, funeral and burial expenses. Damages include the loss of someone’s love and affection. Another big category of damages includes lost income or lost earnings. Under Indiana’s Wrongful Death Statute “recovery of emotional damages is allowed for spouses and dependent children; a decedent’s minor children may recover for loss of parental training and guidance as well as for the loss of their parent’s care.”  (TRW Vehicle Safety Systems, Inc. v. Moore)  “This loss can be determined, in part, from assistance that decedent would have provided through money, services or other marital benefits, but it also includes loss to children of parental training and guidance and loss of love and affection to surviving spouse.” (Southlake Limousine and Coach, Inc. v. Brock)

Wrongful Death cases are complex. The attorneys at Goodin Abernathy LLP are here to help you navigate these difficult times. Unlike a lot of big name advertising firms, our fees are structured for fairness to our clients. Our fees depend on the level of legal work you claim requires. You should not pay one set fee percentage for your case. We will explain how our fee structure works and comfortably answer your questions. Goodin Abernathy LLP gives you the time for decision making – we do not pressure you into signing our fee agreement the first time we meet. In these situations, you deserve an attorney that will walk beside you through the entire process. Contact us, Goodin Abernathy LLP, and see how we set ourselves apart from other attorneys. We know this is an emotional time. Let us help you recoup a sense of security for your family’s future. Call Goodin Abernathy LLP at 317-843-2606 today to schedule your Free Consultation.

 

Photo by Nate Isaac on Unsplash

The Dram Shop Act

The Dram Shop Act

In lieu of the recent case against Tiger Woods, we thought it would be beneficial to explain the Dram Shop Act. Who is responsible when an accident or injury occurs because of someone being intoxicated?

Federal statistics & data show deaths caused by drunk drivers have dropped significantly in last 30 years, however, the phenomenon still occurs far too frequently.

In Indiana, when a drunk driver injures or kills a person, the bar or person that served the driver might share responsibility for the event. Under what is known as the Dram Shop Act, giving alcohol to a visibly drunk person can cause civil liability.

Now, the bar or person must possess or control the beverage and actually serve the alcohol. In addition, the person serving the alcohol must possess actual knowledge that the recipient was drunk at the time the beverage was provided. So, many times it is important to determine how much alcohol the person drank, over a certain time period as well as whether the person showed signs of intoxication like slurred speech or strange behavior.

If you have questions, an attorney can help sort through the issues to determine if these factors in the Dram Shop Act apply.

Please feel free to contact Goodin Abernathy.

Drinking More Dangerous for Young Drivers

Graduation parties and summertime for teenagers and young adults should be fun and carefree. Unfortunately, when these events are combined with alcohol, tragedy can occur.

A recent New York Times article “For Young Drivers, Drinking Is More Dangerous” provides graphics which starkly show young drivers have many fatal accidents even at low blood-alcohol levels. The article also focuses on the latest recommendation by the National Transportation Safety Board to lower the current blood alcohol concentration limit of 0.08 percent to 0.05 percent, which may also lead to a reduction in teen and young adult deaths due to impaired driving.

GOODIN ABERNATHY congratulates all recent graduates and wishes everyone a safe, carefree summer.