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A wrongful death is one that occurs because it was caused by another person or company's negligence or intentional act. These types of deaths can stem from several different sources. For example, a victim may suffer fatal injuries because of a car crash, a slip and fall accident, or negligent medical care.
There are several categories of monetary damages available to plaintiffs in wrongful death cases. However, defendants are typically represented by insurance companies who will try to dispute crucial elements of plaintiffs’ claims.
If your loved one suffered a wrongful death in West Lafayette, IN, get help pursuing the financial compensation you deserve. Contact our experienced West Lafayette wrongful death attorneys today by calling Wruck Paupore at (219) 322-1166. Our lawyers can provide a free case review.
A wrongful death is caused by the wrongful act or omission of another. There are several types of accidents that may lead to such a death. The following are common causes of wrongful deaths in West Lafayette, IN:
A great number of wrongful death cases stem from car accidents. Crashes that occur at high speeds and those involving larger vehicles are more likely to produce deadly harm.
Slip and fall accidents are another common cause of wrongful deaths. Falls created by dangerous hazards like loose rugs, wet floors, icy walkways, and narrow staircases can all produce devastating harm. Senior citizens and people with pre-existing injuries are more likely to suffer fatal consequences from a slip and fall.
Furthermore, construction site accidents are another common source of wrongful deaths in West Lafayette, IN. Construction workers are often asked to work with powerful tools, from tall heights, and amongst dangerous machinery. Accordingly, negligent conduct can lead to deadly accidents on construction sites. For example, a worker who was equipped with faulty safety equipment may suffer a fatal fall. Further, an on-site vehicle accident may cause construction workers to incur catastrophic injuries.
When pedestrians are struck by careless motorists, severe injuries can occur. Accordingly, pedestrian accidents are another common cause of wrongful deaths. Such accidents often occur at intersections and along road shoulders. There are several forms of evidence that can be used to prove fault for such accidents.
Lastly, many wrongful deaths are related to medical malpractice. Medical malpractice occurs when patients are injured because their healthcare professionals did not administer appropriate care. For example, a doctor may commit medical malpractice by failing to diagnose their patient’s deadly illness.
In order for an action to constitute medical malpractice, the victim must have suffered more than an unfavorable result from their treatment. Medical malpractice only refers to situations where physicians deviate from the accepted standards of care.
While multiple family members may receive compensation after wrongful deaths, cases must be brought to court by the right parties. The person who can file your case may vary depending on whether the victim was a child or an adult.
If a child suffers a wrongful death, then the case must be filed by the victim’s parents. If their parents are no longer married, then the case should be filed by the parent who has legal custody of the deceased. If both of the victim’s parents died or their parental rights were revoked, then the victim’s legal guardian may file the case.
The following parties will be considered children for the purposes of filing a wrongful death claim:
If an adult suffers a wrongful death, then the lawsuit should be filed by the victim’s personal representative. Sometimes referred to as an “executor,” a personal representative is the party who was chosen to administer the estate of the deceased. In order to act as someone’s personal representative in Indiana, you must be at least 21 years of age and be of sound mind.
The time limit to file a wrongful death case in West Lafayette is established by I.C. § 34-11-2-4(1). Typically, a lawsuit must be filed within two years of a victim’s death. This time window remains the same regardless of whether the case involves a child or adult victim. Failure to adhere to this deadline could cause you to miss out on important compensation.
If you have to file a wrongful death lawsuit, seek support from our experienced West Lafayette wrongful death attorneys by calling Wruck Paupore at (219) 322-1166 for a free review of your case.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
Contact Us:
Wruck Paupore P.C.
Injury Lawyers
275 Joliet St. Suite #250
Dyer, IN 46311
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