Indianapolis Wrongful Death Lawyer

Wrongful death is a legal term used to define the manner of death associated with reckless, negligent, or careless acts.  Often these acts are unintentional, though they are identifiable.  Most wrongful death claims come from situations that might otherwise be personal injury claims if the victim is still living. 

A common example of wrongful death is someone who lost their life from a car accident.  With safety laws in place, where death was avoidable, meaning that someone involved acted recklessly or negligently.

The plaintiff in most wrongful death cases is a close family member such as a spouse, parent, or child. Just as in personal injury cases, wrongful death claims require the plaintiff to prove that the defendant was negligent and caused the death.

Intentional acts, including criminal or violent crimes such as murder and manslaughter, can lead to wrongful death.  Even an assault that “went wrong” can lead to a wrongful death case in addition to the associated criminal charges.  In some situations like this, a wrongful death claim can be pursude. 

When a defendant is going through both criminal and civil court, it is vital that the plaintiff closely monitor all proceedings.  Criminal and civil cases are handled in separate courts but one can impact the other.  If a person is found guilty in criminal court, they cannot argue innocence in an associated civil case.

These cases come with a lot of nuances, and each case is so unique that it’s vital that each claim receives personalized care from the attorney. StewartWood Staff will work with you and the Family to develope the entire case including all aspects of your loved one's life.  We know this is a difficult time and we can take away the burden of the legal process to give the Family the support it requires to heal and move forward with life. 

Indianapolis wrongful death lawyers should have skills in handling these cases as well as experience advocating in the courtroom. Insurance companies will often try to limit or minimize the amount of compensation payout to a family after a wrongful death.

Our experience and skill in the courtroom has prepared us to challange these arguments in the courtroom as they arise .  We carefully plan our responses to the Defense tactics and design an aggressive case around your unique situation.

Ideally, we want to help you obtain the maximum compensation, but that will depend on your circumstances.  

When deciding how much compensation to pursue the case, we will evaluate these types of damages:

• Loss of companionship, love, relationship, and affection
• Medical and hospital expenses
• Funeral expenses
• Loss of future earnings
• Mental suffering
• Applicable lost benefits to survivors

Calculating these damages requires the experienced hand of an Indianapolis wrongful death lawyer. You could risk losing an opportunity to access compensation.
No one should have to experience the loss of a loved one because of another’s negligence. We urge you to seek compensation.

Yes, there is a time limit to file a wrongful death claim. In Indiana, most claims have 2  years from the date of death to file a lawsuit. The technical term for this time limit is the statute of limitations.

There are rare cases when a case involved extenuating circumstances such as medical malpractice that could change the start date of the two-year time limit. For example, if your loved one died as a result of medical malpractice, you may only have two years from the date of malpractice rather than the date of death.

It is critical for you and your lawyer to keep close track of these dates. When families delay taking on an attorney, they can lose track of time and miss out on their opportunity to seek resolution.

A family should take action as soon as they are ready. These cases often require extensive research, investigation, and the use of field experts to prove negligence.

Common types of wrongful death claims or reasons behind the wrongful death claims include car wrecks and other motor vehicle-related accidents. Those killed as a result of a collision either with a car, truck or motorcycle will often fall into the overarching issue of wrongful death. Many bicycle and scooter accidents also lead to wrongful death claims.

Many cases rely on the premise of reckless activities such as driving in ways that are clearly against traffic laws as well as drunk driving.

Another common cause behind wrongful death claims is a manufacturer’s malfunction or negligent act. For example, if a faulty tire-tread led to the accident, the manufacturer could likely be held responsible.

No matter the circumstances you need a wrongful death lawyer in Indianapolis who has access to advanced field experts and the expense to retain these experts whenever necessary. We put our experience and persistence to good use in every case.