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Wrongful Death Attorneys Serving Indianapolis and Greater Indiana
We handle many kinds of cases here at Eskew Law, but none are as difficult as those involving the loss of life.
Death almost always comes as a tragic surprise. If the death was preventable — the result of someone’s (or some organization’s) irresponsibility — the loss is even harder for the family to bear. For many, the thought of taking legal action in the midst of grief is simply too much to consider. Wrongful death lawsuits can feel burdensome, and losing a loved one is overwhelming enough as it is. We understand that instinct.
Unfortunately, insurance companies aren’t quite so compassionate. No matter how much you’re hurting, and no matter how unjust your loved one’s death was, the insurance companies are going to protect their own bottom lines first. While the insurer might offer your family a settlement, the dollar amount will likely be for a smaller (perhaps much smaller) amount than you’re really owed.
Some insurance adjusters are very good at sounding like they are caring and compassionate, even as they deal you and your family an unfair hand. The sad reality of today’s legal system is that it usually takes an attorney’s intervention to make an insurance company come to fair terms.
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How Eskew Law Can Help
If you have recently lost a loved one in an accident caused by someone else’s negligence, you may be entitled to substantial financial justice under Indiana law. The Indianapolis wrongful death lawyers at Eskew Law are here to help you and your family understand your rights and claim comprehensive compensation in your time of need.
While we could never fully understand what you’re feeling — and while nothing will ever make up for the terrible loss you are experiencing — we can take the burden of the wrongful death claims process off your shoulders. Let our lead attorney, Chris Eskew, and his talented team of legal veterans fight this fight for you so that you and your family can focus on what matters most: grieving and healing, together.
Indiana wrongful death law is complex, but it’s a body of law we understand well. We know how to handle the insurance companies and pressure them to do what’s right. In most cases, we’re able to secure out-of-court settlements in our client’s best interest. If not, we are always ready to take our clients’ claims to trial. That’s how much we believe in the cases we accept — and in our attorneys’ ability to advocate for them.
Talk to the Indianapolis wrongful death attorneys in our office as soon as possible. The earlier we take action, the sooner we can advocate and fight on your behalf.
Types of Wrongful Death Cases in Indiana
Wrongful deaths are caused by a variety of situations and factors. Below are some common causes of wrongful death cases in Indiana.
Car & Motorcycle Accidents
Traffic accidents are the leading cause of wrongful death. Car crashes are a daily tragedy, and when they claim someone’s life, the devastation can be overwhelming. Family members are left with a mountain of bills and an indescribable sense of loss. The last thing they need is an insurance battle. We’re here to help.
Commercial Truck Accidents
Given their size, accidents involving large commercial trucks (e.g. 18-wheelers, delivery vans, big rigs, etc.) tend to result in very serious injuries. These accidents have one of the highest fatality rates. And because the vehicles are commercial in nature, the claims process tends to involve large and powerful corporations. An experienced Indianapolis wrongful death lawyer can put you on equal footing.
Drunk Driving Accidents
Sadly, drunk driving persists as one of society’s biggest challenges. Even though everyone knows it is dangerous and illegal, drivers continue to operate their vehicles while under the influence of alcohol or drugs. Completely unable to control their vehicles, these drivers cause terrible devastation and, frequently, death. They can be held accountable for their unthinkable negligence.
Pedestrians are no match for the size, speed, and weight of a motor vehicle. Accordingly, most pedestrian accidents involve catastrophic damage or death. These cases sometimes involve litigation not only against the at-fault drivers and their insurers but also against the city or county government responsible for putting pedestrians in danger.
Workplace accidents are especially frustrating because they happen to hard-working people who are simply trying to make a living and support their families.
Employers have a legal duty to maintain a safe workplace for their employees. Likewise, they are liable for injuries their workers endure in connection with their jobs (for example, while driving a vehicle for the company).
These cases are complicated because they may involve elements of employment law, personal injury law, wrongful death law, and worker’s compensation. We can help.
Medical Malpractice Deaths
Doctors are highly trained professionals, and we expect them to exercise due care when you seek out their aid. If a doctor fails to diagnose a fatal condition — or if something the doctor does (or doesn’t do) makes the condition worse — your family may have a claim for medical malpractice.
Examples of cases where physicians (or other medical professionals) are held liable for a patient’s death include but are not limited to:
- Failure to diagnose cancer, stroke, or heart attack
- Failure to provide adequate treatment
- Birth injuries (see below)
- Surgical malpractice
- Anesthesiology malpractice
- Hospital-acquired infections
Birth Injuries (Death of Mother or Baby)
Giving birth should be a time of great joy. But when doctors or nurses make mistakes during pregnancy, labor, or delivery, joy can quickly turn to horror. If a medical error resulted in the death of your baby and/or the mother of your child, please contact our office right away.
Fires, Explosions, and Electrocution
Members of the public rarely see a fire coming. They start suddenly and spread quickly. In many cases, it is the property owner’s responsibility to prevent the fire in the first place. Likewise, deadly explosions and electrocutions are usually the results of negligence.
Deaths Caused by Dangerous Property Conditions
Fire isn’t the only property-related hazard that can lead to death. If your loved one died in connection with a dangerous condition on someone else’s property, you may have a wrongful death claim rooted in premises liability law. This includes deaths in swimming pools, hotels, shopping malls, parking garages, nightclubs, restaurants, apartment complexes, movie theaters, and more.
Who Can Sue for Wrongful Death in Indianapolis?
This is where wrongful death law truly begins to become complex. Technically, the only person who can file the wrongful death lawsuit is the personal representative of the deceased person’s estate.
If the deceased is a child, the personal representative will typically be one of the parents or legal guardians. Otherwise, the court will appoint an individual to serve as personal representative. (The deceased may have specified a personal representative in his or her will.)
The more pertinent question, however, is who can benefit from a wrongful death recovery under Indiana law. Potential beneficiaries in our state include the deceased person’s:
- Other dependent next of kin
- Parties who paid for medical expenses or provided medical care and are eligible for reimbursement
The specific list of people eligible as potential beneficiaries in your particular case will depend on your family’s makeup and the circumstances of the death.
This may all sound confusing, but please don’t worry. During a case evaluation — which our office can offer your family at absolutely no cost — we can evaluate your situation and help you understand your rights and options.
What Is Indiana’s Statute of Limitations for Wrongful Death?
Generally speaking, the statute of limitations on wrongful death claims in Indiana is two years. It is in your best interest to contact an Indianapolis wrongful death attorney as early as possible.
Free Case Review with Our Indianapolis Wrongful Death Lawyers
Wrongful death law is confusing, and we understand the last thing you want to do during a period of grief is study a legal textbook. Let our law firm come to your family’s aid. When you hire our wrongful death attorneys in Indianapolis, we will take your burden on our shoulders and fight tirelessly to help you and your loved ones.
At Eskew Law, you will never have to pay a fee for an attorney’s services unless (and until) we get you money first.
Wrongful Death FAQs
How Much Will it Cost to Talk to a Wrongful Death Lawyer?
Many firms that handle personal injury cases like wrongful death offer free consultations. This is certainly true for Eskew Law, and it’s likely worth a few minutes talking with a lawyer to determine if you have a case.
What’s the Easiest Way to Get in Touch with an Indianapolis (or Indiana) Wrongful Death Lawyer?
Simply reach out to Eskew Law either by filling out a form online or calling us directly at 317-974-0177.
Who Can Sue for Wrongful Death?
This question can be complicated, but in general will include parents, children, spouses, siblings, dependent next of kin, and others in certain cases. Again, it’s best to discuss your potential case with a lawyer as they are familiar with Indiana laws.
Elements of a Wrongful Death CasePublished in Personal Injury by Chris Eskew on Jan 30, 2020.
Wrongful death is when someone is killed because of someone else’s wrongful act or omission. When a wrongful death occurs, the deceased person’s loved ones have t...Read more
Examples of Wrongful Death CasesPublished in Personal Injury by Mitch Cornell on Dec 28, 2018.
Losing a loved one in an accident is absolutely devastating. The emotional pain can be even more dramatic when you find out that the accident could have been prevented if only prop...Read more
Who Can File a Wrongful Death Suit in Indiana?Published in Personal Injury by Chris Eskew on Jul 5, 2018.
Indiana’s wrongful death law allows family members to receive compensation when someone else is responsible for the death of a loved one. The purpose of the law is to force th...Read more