La Porte County Wrongful Death Lawyer
A wrongful death is one caused by someone’s misconduct or breach of reasonable duty of care. Generally, wrongful deaths are caused by another’s negligence in some form. Negligence occurs when someone is legally obligated to take reasonable action to avoid hurting others, they fail to fulfill that duty, and someone else is in fact harmed.
A common example of wrongful death in La Porte County is when an unsafe driver causes a deadly accident. Other causes of wrongful deaths can include medical malpractice or the sale of dangerous products or pharmaceuticals.
If you believe your loved one’s death happened from someone else’s negligence or misconduct, call a La Porte County wrongful death lawyer today. It is important to act quickly and contact a capable personal injury lawyer right away because the wrongdoer and their insurance company are preparing a defense and gathering information.
Personal Injury Wrongful Death Claims
In Indiana, the two most common types of wrongful death claims are those caused by an automobile accident and medical malpractice.
Since all drivers owe a duty to others to drive safely, a distracted driver has failed to meet that duty. When someone dies because of the distracted driver’s misconduct, the driver’s negligence means they have liability for the wrongful death.
In these cases, the negligent party who caused the accident has liability for the subsequent wrongful death. The deceased’s surviving family members must prove that the responsible party failed to fulfill a duty they owed to their loved one (such as the duty to drive safely), and that failure caused the death.
Damages Family Members Can Recover For
In a personal injury wrongful death lawsuit, only the deceased’s spouse, dependent children, or other dependent relatives can file the claim in court.
Typically, surviving family members sue the negligent party for compensation related to:
- Medical costs
- Pain and suffering prior to death
- Burial expenses
- Lost future earnings
- Loss of companionship
- Loss of support
Generally, families have up to two years after the date of the death to file the lawsuit. The calculation of the time to file a wrongful death claim may be complex and often requires the review and analysis of all the facts surrounding the case by an experienced La Porte County wrongful death lawyer.
Medical Malpractice Wrongful Death Claims
On the other hand, a medical malpractice wrongful death lawsuit involves medical professionals.
Medical malpractice is the failure by a medical professional to provide their service within the standard of care generally accepted in their field of medicine, and that failure harms a patient in their care.
In other words, doctors, nurses, hospitals, and other medical service providers commit malpractice when they fail to meet an established standard of care. Medical malpractice can include:
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Surgical errors
- Pharmaceutical errors
Limits on Medical Malpractice Death Damages
When malpractice leads to a patient’s death, the deceased’s spouse, parent, guardian, or personal representative can sue the medical provider in a wrongful death case. Due to recent changes in the Indiana Medical Malpractice Act, the award surviving family members may receive in a medical malpractice case is capped, depending on when the malpractice occurred.
If the malpractice occurred between June 30, 1999 and July 1, 2017, the award caps at $1,250,000. If the malpractice occurred between June 30, 2017 and July 1, 2019, that cap increases to $1,650,000.
Proving when and how malpractice occurs is a complicated process. It requires the help of an experienced La Porte County wrongful death attorney.
How a La Porte County Wrongful Death Attorney Can Help
Suspect your loved one’s death a the result of a car accident, medical malpractice, or another form of negligence? Call a La Porte County wrongful death lawyer today. You can discuss your case in a confidential, professional, and empathetic setting with an experienced lawyer today.