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INDIANA WRONGFUL DEATH ATTORNEY LARRY R. JACKSON
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in Indiana, the following elements must be present:
The general rule in Indiana in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, society, solace and moral support. Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include aviation accidents, car accidents, boating accidents, motorcycle accidents, semi tractor trailer accidents, school bus accidents, train accidents and truck accidents, to name a few. Anyone injured by a drunk driver in a traffic accident, or surviving family members of a fatally injured accident victim, may be able to bring wrongful death charges against the defendant. Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance call cerebrospinal fluid. TBI can result when an impact causes the momentum of the brain to come into contact with the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems, and even death. People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries. Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation. Medical malpractice is the failure of a health care provider to treat and care for a patient with a reasonable degree of expertise and compassion. If a physician was careless, lacked proper skills, or disregarded standardized rules, and a wrongful death occurs due to these actions, a jury may find the health care provider negligent and monetary compensation may be awarded. Hospitals can also be liable for the negligence of their employees, including staff nurses and technicians. Other examples of Medical Malpractice include:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages from the brain to the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich's Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured. SLIP AND FALL/PREMISE LIABILITY: Slip and fall accidents can happen anywhere and can cause serious personal injury and wrongful death. Most slip and falls happen in commercial settings, including grocery stores, drug stores, office buildings, construction sites, and even gas stations and malls. These accidents may also happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of dangerous conditions. All manufacturers and store owners have a responsibility to consumers. They must ensure that the products they sell are neither defective nor inherently dangerous. If a dangerous or defective product injures or causes a wrongful death to an unwary consumer, the manufacturer may be legally liable, as long as the consumer was using the product as it was meant to be used when he or she was injured. Whether the product is a toy or an automobile tire, manufacturers must make sure that products are designed and made safely, that quality control systems prevent defective products from entering the market, and that adequate directions and warning labels are available to protect consumers. If you or someone you know in Fishers, Indiana, or within the surrounding cities and counties of Indiana needs the assistance or trusted legal advice of an experienced wrongful death lawyer, please call Attorney Larry R. Jackson of the Jackson Law Firm, LLC, today at 866-435-5809, or complete the contact form provided on this site to begin your free consultation with a skilled Indiana wrongful death lawyer. |