Valparaiso Wrongful Death Lawyer

Losing a loved one due to someone else’s negligence is a tragedy no family should have to endure. Whether it is a fatal construction site accident or a devastating car crash caused by a distracted driver, the emotional and financial toll can feel unbearable. During this difficult time, seeking justice can give your family a sense of closure and the resources you need to move forward.

At Theodoros & Rooth, P.C., our Valparaiso wrongful death lawyers bring over 110 years of combined experience and have been serving the community since 1988. We understand the profound impact of losing a loved one and are here to guide you through the wrongful death claims process. Contact your Valparaiso personal injury attorney today to schedule a confidential consultation and learn how we can help you pursue justice.

How Wrongful Death Claims Work in Indiana

If you have lost a loved one due to someone else’s negligence or intentional actions, you may have grounds to file a wrongful death claim. Indiana Code § 34-23-1-1 defines wrongful death as a preventable death caused by misconduct, carelessness, or recklessness. This type of claim allows you to seek compensation for the financial and emotional losses your family has experienced.

According to the Centers for Disease Control (CDC), unintentional injuries, including wrongful death cases, were among the leading causes of fatalities in the United States in 2022. Under Indiana’s statute regarding wrongful death, you generally have two years from the date of your loved one’s death to file a wrongful death claim. These legal deadlines could have a significant impact on your ability to move forward with your claim against those responsible.

Common Causes of Wrongful Death

Wrongful death cases arise from a variety of situations where negligence or intentional harm results in the loss of life. These tragic events often leave families grieving while facing significant financial and emotional burdens. Understanding the most common causes of how wrongful deaths occur can help you identify whether your family has grounds for a civil claim against the at-fault party.

Reputable Wrongful Death Law Firms Address Medical Malpractice

Medical malpractice is a leading cause of wrongful death and catastrophic injury and involves healthcare professionals making preventable mistakes. These cases may include surgical errors, delayed diagnoses, or incorrect prescriptions. For example, a misdiagnosis of a serious illness could lead to a patient’s death when timely treatment could have saved their life.

Healthcare providers are held to a high standard of care, and failing to meet that standard may leave them open to liability. Families impacted by medical malpractice fatalities can demand justice.

Motor Vehicle Accidents

Motor vehicle accidents are a common cause of fatal injuries, often caused by driver negligence, reckless behavior, or impaired driving. For example, a distracted driver running a red light may cause a car accident, resulting in fatal injuries.

Workplace Accidents

Workplace accidents leading to wrongful death often result from unsafe working conditions or a lack of proper training. Fatalities can occur in construction, manufacturing, or other high-risk industries. Examples could include falls from heights, machinery malfunctions, or exposure to toxic substances.

Employers may be held accountable for failing to implement safety measures that could have prevented accidents. Families may also pursue claims against third parties, such as equipment manufacturers, for their role in the incident.

Defective Products

Defective products can cause fatal injuries when they fail to perform as intended or pose unexpected dangers. For example, a faulty airbag that fails to deploy during an accident may result in a wrongful death.

These cases often involve product manufacturers, distributors, or retailers who fail to warn consumers about potential risks. Evidence such as product testing reports and expert analysis is crucial in establishing liability.

Criminal Acts

Wrongful death claims may also arise from intentional acts of violence, such as assault or homicide. For instance, a landlord’s failure to provide adequate security could contribute to a fatal attack in a residential complex.

Families may be able to file a civil claim for wrongful death in addition to criminal proceedings against the offender. Unlike criminal cases, civil claims focus on recovering damages for the victim’s family, while criminal charges aim to punish the perpetrators for their crimes.

Who Can Be Held Liable?

If your loved one’s death was caused by someone else’s negligence or intentional actions, it is important to determine who is legally responsible. Liability in wrongful death cases can fall on individuals, companies, or even government entities, depending on the specific circumstances of your case.

Individuals

Individuals may be responsible for your loved one’s death if their reckless or negligent actions contributed to the tragedy. For instance, in a slip and fall case, maintenance logs can show that the property owner ignored a known hazard. Similarly, a doctor or nurse may face liability for medical malpractice, such as failing to diagnose a serious condition or performing a surgical error. If a landlord allows hazardous conditions, like broken stairs or faulty wiring, to go unfixed, they could also be responsible for the loss of your loved one.

Courts will evaluate the evidence to determine whether the individual’s actions caused your loss. If you can show that their behavior directly led to the wrongful death, you may be able to recover compensation for funeral expenses, medical bills, and emotional suffering. These claims often require a thorough investigation to build a compelling case and hold the at-fault party to account.

Companies

If a company’s actions, policies, or lack of oversight contributed to your loved one’s death, they could be held liable. For instance, an employer may be responsible if they fail to provide safety training or equipment in a high-risk workplace, such as a construction site. Similarly, manufacturers may face liability for releasing defective products, like a vehicle with faulty brakes, that caused a fatal accident.

Government Entities

In some situations, government entities may be liable for your loved one’s wrongful death. For example, if poorly maintained roads or missing traffic signs caused a fatal accident, the government agency responsible for maintaining those roads could be held accountable. Similarly, public employees, such as bus drivers or law enforcement officers, may contribute to a wrongful death through negligence.

If you are filing a claim against a government entity, you must follow specific procedures under the Indiana Tort Claims Act per IC § 34-13-3. This includes submitting a formal notice of the claim within 180 days of the incident. Evidence such as traffic reports, maintenance records, or body camera footage can help establish the government entity’s liability.

Steps to Take After a Wrongful Death

If you lost a loved one due to someone else’s negligence, knowing what steps to take can help protect your family’s rights. Working with our dedicated wrongful death lawyers can offer you the resources and support you need during this difficult time. Here are the most important steps you should be prepared to take when coping with wrongful death:

Contact a Wrongful Death Lawyer

The first step is to reach out to an experienced wrongful death attorney who can evaluate your case and explain your legal options. We will handle the complexities of building your claim, giving you the time and space to focus on your family. Our team can also help you avoid common mistakes that could jeopardize your claim, such as missing important deadlines or providing incorrect information to insurance companies.

Gather Evidence

Collecting and preserving evidence is an essential part of any wrongful death claim. This includes documentation that connects the negligence or wrongful actions of another party to your loved one’s death. Taking the following steps can help you build the strongest case possible:

Obtain a copy of the police or incident report detailing the circumstances of the fatal accident.
Collect medical records and autopsy results to demonstrate the cause of death.
Gather witness statements from those who saw the accident or were familiar with the conditions leading to the incident.
Save any photographs or videos that document the scene of the accident or the hazardous conditions involved.
Keep records of financial losses, such as medical bills, funeral costs, and lost income, to help calculate damages.

Avoid Insurance Company Pitfalls

Insurance companies often act quickly after a wrongful death to minimize their financial liability. You may receive a settlement offer that seems generous at first glance but falls far short of covering your family’s needs. Adjusters may also attempt to shift blame onto your loved one to reduce the payout or deny your claim altogether.

Potential Damages Recovered in Wrongful Death Claims

When you lose a loved one due to negligence or wrongful actions, your family may face financial and emotional hardships that feel impossible to overcome. Wrongful death claims allow you to seek compensation for the losses your family experienced, both economic and non-economic.

Economic Damages

Economic damages are tangible losses that your family has incurred as a result of your loved one’s death. Some examples of economic losses could include:

Medical expenses related to your loved one’s care before their passing.
Funeral and burial costs, including memorial services.
Loss of income that your loved one would have earned.
Loss of benefits, such as health insurance or retirement plans.
Costs associated with household services your loved one provided.

Non-Economic Damages

Non-economic damages compensate for the emotional and personal losses you’ve endured after your loved one’s death. These damages focus on the ways the loss has impacted your family’s quality of life.

Loss of companionship.
Emotional pain and suffering.
Loss of parental guidance for children.
Loss of spousal support or affection.
Loss of the enjoyment of life for surviving family members.
Mental anguish caused by the trauma of the death.
Loss of the unique bond between family members.
Impact on relationships within the family.
Emotional distress resulting from the circumstances of the death.
Pain and grief that cannot be measured financially.

Punitive Damages

Punitive damages may be available if the wrongful death resulted from intentional misconduct or gross negligence. Unlike economic and non-economic damages, punitive damages are meant to punish the responsible party and discourage similar behavior in the future.

Under IC § 34-51-3, punitive damages can be granted in cases when the defendant’s actions were especially reckless or intentional. For example, a drunk driver who caused a fatal collision may be required to pay punitive damages as part of the claim.

The Legal Process for Wrongful Death Claims

Filing a wrongful death claim can feel daunting, but understanding the steps involved can help you prepare for what lies ahead. As you work with our Valparaiso wrongful death attorneys, each phase of the process brings you closer to seeking justice for your loved one.

Investigation

The investigation is the foundation of a strong wrongful death claim. During this phase, we will gather evidence to establish liability and calculate damages. Some of the steps we may take include:

Reviewing incident reports, police records, and medical documentation.
Collecting statements from witnesses who can provide critical details about the event.
Analyzing physical evidence, such as photographs or video footage of the accident scene.
Consulting with experts, including accident reconstruction specialists or medical professionals, to strengthen your claim.
Identifying all responsible parties, whether they are individuals, companies, or government entities.

Filing the Claim

Filing a wrongful death claim involves submitting the necessary legal documents to initiate the case. This step also determines who has the authority to act as the personal representative of your loved one’s estate under IC § 34-23-1-2.

Meet With a Reputable Valparaiso Wrongful Death Law Firm For Help Today

Losing a loved one because of someone else’s actions is a life-altering experience. You may be faced with the burden of managing unexpected expenses while wondering how to provide for your family in the absence of your loved one. At Theodoros & Rooth, P.C., our Valparaiso wrongful death lawyers are committed to helping you hold those responsible accountable for their recklessness.

These experiences are devastating, but you will not have to face them alone. Contact top-rated Valparaiso wrongful death law firms for a free, no-obligation consultation to discuss your family’s next steps. Complete our contact form to get started on your claim as soon as today.