At Blackburn Romey, we treat all personal injury claimants as if they are family members, especially those impacted by a wrongful death. After losing a loved one, there are many emotions to process and matters to figure out. You can count on our reputable Indiana wrongful death lawyers for help during this difficult time.
At Blackburn Romey, we leave no stone unturned when it comes to obtaining maximum compensation for your loved one’s death. Our Indiana wrongful death attorneys know that they have one chance to make this situation as right as it can ever be. We take your case seriously. Our wrongful death lawyers can help you seek the following damages in the event of a loved one’s death:
There are multiple categories for damages in wrongful death claims, which include:
Again, the type and amount of damages that survivors collect in a wrongful death case differs from state to state. For the most part, families and the deceased person’s estate receive compensation for the following:
Any future earnings or other economic losses that stem from the wrongful death need establishment. This can be through detailed testimony from expert witnesses.
Our team has combined decades of experience handling all types of injury cases, both with insurance companies and in civil court. We bring all that we know about injury law to the table in each and every case.
We have many satisfied clients who were able to move forward with their lives in a better financial position following a serious accident and injuries. We can discuss our past results with you during your free consultation.
We are dedicated to our clients and communities in Indiana. Our goal is to provide comprehensive and compassionate legal services to injured and grieving individuals. We work hard to obtain the money you need so you can focus on recovery instead of worrying about medical bills, insurance claims, or lawsuits.
Choosing the right attorney for a wrongful death case is critical. Blackburn Romey brings extensive experience, deep empathy, and a track record of success to every wrongful death case they handle. Families grieving a wrongful death need an attorney who knows the legal nuances and emotional toll of these cases. With Blackburn Romey, you get a legal team committed to securing justice and prioritizing compassion and support for your family during a difficult time.
Here’s what makes our firm stand out as your Indiana wrongful death lawyer:
By legal definition, wrongful death happens when someone is killed due to another party’s negligence or careless, reckless, or intentional actions. For example, deaths labeled as preventable are generally considered “wrongful” under the law. If the decedent could file a personal injury claim had they lived, their family member or representative likely has a valid wrongful death claim worth pursuing.
Many circumstances can give rise to a wrongful death claim, including:
While these cases are quite complex and devastating, our compassionate Indiana wrongful death attorneys have what it takes to help you seek the best outcome possible in your claim. It’s crucial to have attorneys with in-depth experience in the legal practice of wrongful death to ensure you receive maximum compensation on behalf of your loved one.
Yes. There are many differences. A murder case goes to criminal court after the state files charges. If the prosecution is successful or the defendant is guilty, their punishment is incarceration. In some instances, there is a fine payment too.
When you compare that to a wrongful death lawsuit in civil court against the person or business alleged to be legally responsible for causing the wrongful death, the results involve money. Should the defendant be liable for the death, the liability focuses on damages payable by the defendant to the estate and surviving family members. A judgment enforces this notion by the court.
The respective burdens of proof are also different in each of these cases. The prosecutor must establish the defendant’s guilt beyond a reasonable doubt within a criminal case. The presumption of innocence exists, too, which stays with the defendant unless the jury returns with a guilty verdict. During civil cases, the standard of proof is by a preponderance of the evidence. This means that it is more likely that the defendant is the reason for the wrongful death.
Decades of handling truck accident cases in Indiana have equipped Blackburn Romey with the expertise to challenge insurance companies effectively. We start fighting for your compensation from day one, making sure no piece of evidence is overlooked.❞ Act now! Contact Chris Blackburn today, and let us work for you.
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A wrongful death claim is a civil case that one can file against another person or business allegedly legally responsible for causing someone’s death. The underlying action that results or contributes to the death can be:
Each state has its laws that permit a wrongful death lawsuit. The laws address who can file these cases, the kind of losses eligible for compensation, and the deadline for filing the claim in civil court.
Not just anyone can file a wrongful death claim on behalf of a family member or loved one. The designated person with this right varies by state. For example, in Indiana, usually specific surviving adult age family members can take legal action against the negligent person or party. It depends on whom the deceased named as their legal representative for their estate. For example, if it was a spouse, adult child, parent, or sibling, they will likely need to file the wrongful death claim.
If the decedent didn’t appoint a personal representative before their death, the court would select one. That person can bring a wrongful death claim on behalf of the decedent and their family. However, any damages obtained will be the property of the deceased person’s estate or the family.
The details on who can file a wrongful death claim are in your state’s laws. We see many family members file lawsuits on behalf of the deceased individual’s estate. However, it is usually a spouse, child, or another dependent of the deceased person who can file a claim for losses.
These laws are designed to provide financial relief and justice to families of wrongful death victims. According to Indiana Code 34-23-1-2, a wrongful death claim may be filed when a person’s death is caused by the wrongful act or negligence of another party. This statute allows the deceased’s family to seek compensation for various damages, including medical expenses, funeral costs, and loss of financial support.
Fundamental aspects of Indiana’s wrongful death laws include:
After a serious injury, it’s essential to take immediate steps to protect your rights. First, seek medical attention even if you’re unsure of the severity of your injuries. Serious injuries, like spinal cord or brain trauma, aren’t always immediately apparent, as symptoms can be delayed due to adrenaline and shock. Getting prompt medical care allows doctors to diagnose and treat any hidden issues, setting you on the right path to recovery.
Collecting evidence from the scene is equally important. This includes contact details of witnesses, and photos or videos of the accident. Such evidence can strengthen your personal injury claim, whether you’re filing with your insurance company or consulting an Indianapolis attorney. Document missed work time and keep records of wage loss, including confirmation from your employer. This can support your claim for lost earnings, even if you used vacation or sick leave.
Also, save all medical bills and expenses related to your injury, such as transportation for doctor visits or hired help at home. These should be paid by check if possible, and receipts should be kept for a clear paper trail. If you have health insurance covering medical costs, consult your Indiana attorney before submitting these bills to ensure everything is handled strategically for your case.
Like all other cases, filing a wrongful death lawsuit is subject to a deadline under a statute of limitations. The deadline expresses deadlines in years and varies from state to state. A two or three-year window is the most common, though. What holds across the board in all forms is that if you wait too long to file a wrongful death claim and the deadline passes, you lose your right to any consideration by the court. You also miss out on compensation.
If they were injured and lived for a while before dying, the clock still doesn’t start ticking until the date of their death. Suppose the appropriate party doesn’t file a wrongful death claim within the state-provided deadline. In that case, they typically lose the right to file a claim at all. Many people choose to hire Indiana wrongful death lawyers to help ensure that their case is filed on time and that all other appropriate deadlines are met.
These deaths can occur in various scenarios, often due to negligence or misconduct. Blackburn Romey has represented families in Indiana who have lost loved ones in incidents involving:
Wrongful death cases vary in nature, but Blackburn Romey’s attorneys have the experience and resources to investigate the cause and determine liability.
Taking immediate steps after this situation can help protect your legal rights and strengthen your case. Here are some key actions families should consider:
Taking these steps early on can significantly impact the outcome of your wrongful death claim and help preserve critical evidence.
Families of wrongful death victims in Indianapolis may be entitled to several forms of compensation. Indiana law allows for the recovery of different types of damages to help alleviate the financial and emotional burdens caused by a loved one’s death:
According to Cornell Law School, wrongful death laws are intended to compensate for both financial losses and emotional harm caused by a preventable death. Blackburn Romey’s attorneys diligently calculate a fair compensation package tailored to each family’s unique needs.
Compensation from a wrongful death lawsuit is typically allocated to immediate family members and dependents of the deceased. In the state, the distribution of damages depends on the specific relationships involved and the type of compensation awarded.
Indiana’s wrongful death statute also outlines specific guidelines for distributing different types of compensation. For instance, damages related to funeral expenses may go directly toward reimbursing the estate, while other types of compensation are distributed to beneficiaries. Blackburn Romey’s attorneys can guide families through this process, ensuring they understand how compensation will be allocated.
Wrongful death claims permit the plaintiff to seek compensatory damages, including economic and non-economic damages. The compensatory damages are to compensate a party for losses. It may look like this:
The answer to this question requires careful review of the nature of the incident responsible for the wrongful death. Bankruptcy laws allow a petitioner to discharge specific debts resulting from a court judgment. Sometimes the bankruptcy petitioner can evade paying a judgment for accidentally causing death through ordinary negligence. Debt for a wrongful death judgment after a DUI accident can prohibit the petitioner from discharging into bankruptcy. The same usually applies to a wrongful death that results from the petitioner’s intentional actions like assault and battery.
Don’t let a wrongful death claim fall by the wayside. They are highly complex lawsuits that require attention to detail. It is always a good idea to have an experienced advocate throughout the legal process.
If, after reading this, you still have further questions or concerns, be sure to get in touch with one of our quality wrongful death attorneys. No one deserves to suffer after losing a loved one. Take action now because the longer you wait, the less likely you will receive what is rightfully yours. While no money will compensate for losing a loved one, it can still ease some burdens. You can confidently put your faith and trust in Blackburn Romey to fight for you and achieve successful results.
Suppose you recently lost a family member or loved one. In that case, our compassionate attorneys know that nothing will ever replace them. However, a fair wrongful death settlement or court award can help you move forward without the burden of financial worries. We work hard to get you the legal results that you deserve. Call our office today to schedule your free wrongful death claim consultation with experienced wrongful death attorneys.
If you’ve been involved in an accident in Indiana, you can obtain your accident report by visiting this website or, if the report was made by an IMPD officer, by going in person to 50 N. Alabama St., E100, Indianapolis, IN 46204 (open Monday through Friday, 8 a.m.–4 p.m.); the report costs $12, and you’ll need to provide the date, time, and location of the accident, and if possible, the investigating officer’s name.
Claim values vary widely based on a variety of factors, including (but not limited to), severity (and permanency) of the injuries, length of recovery, medical bills, the type of health insurance coverage you have, whether or not you are partially at fault for the accident, the quality of insurance covering the at-fault party, the county where the accident occurred, the identity of the at-fault party, among many others. As you can see, it is not a simple process to determine the value of your case, and sometimes it is not a quick process either. Some of these things take time to develop. We would need to assess your situation and losses to advise you on the possible value of your case.
Often, states require a personal representative of the deceased person to file a claim. Generally, this refers to a close family member like a surviving spouse, child, or parents.
Like other types of personal injuries claims brought in Indiana, wrongful death claims also have a deadline. Also known as the statute of limitations, those who have a legal right to file a wrongful death claim must do so within two years of the death.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
If you’ve recently loose a loved one by someone else’s negligence, you deserve the best legal representation. Reach out our dedicated and caring team of Fort Wayne wrongful death lawyers.
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If a family member or a loved one has been injured in any type of accident caused by someone else’s negligence, you deserve the best legal counsel from a team of Indianapolis wrongful death lawyers.
