Legal Articles

PERSONAL INJURY

Wrongful Death Cases

Finding your Wrongful Death Attorney at Calhoun Law.

Calhoun Law’s practice is dedicated to many areas of law but primarily to Personal Injury and Wrongful Death. Losing a loved one can be devastating and the emotional pain can even be harder when you find out that the passing of your loved one could have been prevented if proper care was taken.

If your family member or loved one was killed as a result of a wrongful act of another, or careless inaction, negligence, or recklessness of another individual, you may be able to hold that individual (aka defendant) accountable for his/her wrongdoing and liable via a wrongful death lawsuit.

Attorney Daniel Calhoun is wrongful death attorney located in Northwest Indiana. He has acquired not only the skills and knowledge to litigate such claims but also the experience to handle the full range of wrongful death cases. In today’s blog, we will discuss the most common types of wrongful death cases and explain in-depth what you need to know about Indiana’s wrongful death law.

Types of Wrongful Death Cases

  • Motor Vehicle Accidents
  • Medical Malpractice
  • Nursing Home Abuse and Neglect
  • Product Liability Claims
  • Premises Liability Claims

Motor Vehicle Accidents

Auto accidents are one of the leading causes of avoidable fatalities in the state of Indiana. The Insurance Institute for Highway Safety (HHS) published data that stated 821 people were killed in traffic accidents in Indiana in the year 2016. Many of these accidents could or should be avoided due to many of these accidents being a result of negligence. In our opinion, the responsible party must be held accountable for their actions.

Many fatal accidents may occur due to the actions of negligent transportation companies, commercial vehicle operators, trucking companies, auto manufacturers, auto parts makers, construction companies, and even government agencies.

If you believe that your loved one was killed in an auto accident that could have been avoided, please contact our experienced wrongful death attorney at Calhoun Law!

Nursing Home Abuse and Neglect

Residents of a nursing home are vulnerable. That is no secret. They are at the medical mercy of the nursing home staff and their care is in another’s hands. While assisted living facilities located in our state are required to comply with certain safety standards and follow state-mandated rules and regulations, most of them do not. Unfortunately, nursing home abuse and facilities of the like remain to be a serious problem. It is difficult to place an exact number of nursing homes that fall short of compliance and commit the crime of abuse and neglect. However, studies indicate that as many as 1 in 10 nursing homes have been found to subject their residents to some form of abuse or neglect. Not to mention that in worse cases, abuse and neglect can lead to the death of said resident that is undergoing the abuse.

Product Liability Claims

Claims that fall under this category include product designers, product manufacturers, and product sellers who obtain the responsibility to ensure that they are putting safe goods on the market for consumers to purchase. If a person is injured or killed by a product that is defective, the designer/manufacturer/seller may be held accountable for their neglectful behavior via a product liability lawsuit.

If you have a loved one who was killed by a product that was defective, please call our experienced wrongful death staff at Calhoun Law immediately!

Premises Liability Claims

Last but not least, the final most common type of wrongful death cases that we can across is a Premises Liability Claim. If you weren’t aware already, business owners, as well as property owners, have a legal duty to keep their premises in a reasonably safe condition for all customers/visitors/guests. When a fatal accident occurs due to the unreasonably dangerous condition on the property (due to lack of maintenance, insufficient security, or another reason indicating neglect) the property or business owner may be held accountable via a lawsuit.

If a loved one has been involved in a fatal incident due to the neglectful act of a property or business owner, please contact our experienced wrongful death staff at Calhoun Law today!

Things to know about Indiana’s Wrongful Death law

Indiana’s wrongful death statute which is known as Indiana Code Title 34 § 34-23-1-1, defines wrongful death as one that occurs as a result of the “wrongful act or omission of another”. The family of the victim(s) only have two (2) years from the date of the loved one’s death to file a wrongful death claim in the state of Indiana. Unfortunately, not all family members of the victim acquire the right to bring this type of legal action forth. With that said, the family member who does acquire the right is the personal representative of the deceased person’s estate and commonly, the family as well as children are the parties that are eligible to recover damages via wrongful death settlements. Also, note that compensation may be available for funeral expenses, burial expenses, and loss of any financial benefits.

If you have a loved one who has tragically passed due to the negligence of others and has questions regarding your possible claim, please call Attorney Daniel Calhoun and schedule your free case evaluation at (219) 301-5200! He has recovered millions of dollars for families who have lost their loved ones in wrongful death claims. We understand that no monetary settlement can undo the tragic loss or even make things emotionally better. However, if not you then who will take the initiative to hold these neglectful individuals accountable for not abiding by the law or following Indiana regulation.

Wishing you all a wonderful rest of the week and hoping you found this blog informative!

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