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Wrongful Death

Wrongful Death

Injury Attorneys | Restoring LivesTM

The loss of a beloved family member is one of the most difficult things a person can go through. The tragedy can be even more difficult when it is the result of another party’s actions or negligence. Grieving in these circumstances is incredibly difficult. The cruelty of losing someone due to a situation that could have been prevented can be hard to bear.

Filing a Wrongful Death Lawsuit

In cases where the death of your loved one was the result of another person’s negligence or wrongdoing, you may be able to file a wrongful death lawsuit. Winning a wrongful death lawsuit can bring emotional closure to you and your family in the wake of a deep tragedy.

In addition to the emotional burden, there are financial considerations when a family member dies. Funeral costs can be high, and if the person who died was a primary earner in the family, their death can throw a grieving family’s financial future into question.

Though a lawsuit cannot bring your loved one back, wrongful death lawsuits can provide much needed financial compensation to your family. It may also result in a change of policies or laws, protecting other families from suffering the loss of a loved one.

What is Considered a Wrongful Death?

Not every death is a wrongful death. Legally, a wrongful death is when somebody dies due to the misconduct or negligence of another party. There are many circumstances in which this can occur. These include:

  • Car accidents: If a car had defective parts that led to a death, the automobile company may be responsible for providing compensation. If a commercial truck or taxi driver causes a collision in which somebody dies, the employer may be held accountable.
  • Emergency room medical malpractice. When an injured person is brought into the emergency room, their life can depend on a medical professional taking the appropriate action immediately. Sometimes, a doctor may fail to do so, not adhering to the agreed upon standard of care for a person in the patient’s condition. If misdiagnosis, premature release, surgical mistakes, or the wrong prescription leads a patient to die, this may be an instance of wrongful death due to medical malpractice.
  • Anesthesia malpractice. Administering anesthesia can go wrong if the anesthesiologist fails to properly perform his or her job. A fatal dose of anesthetic can be grounds for a wrongful death case.
  • Unsafe construction. Unsafe building construction, either in a residence or workplace, can cause fatal accidents. The builder or property owner may be held responsible.
  • Dangerous product design. Dangerous machinery must be designed to particular codes of safety. If a company fails to do so and their product, such as a vehicle or power tool, causes death, they may be liable for the financial damages for products liability.

Financial Restitution for Wrongful Death Cases

In wrongful death cases, there’s never a guarantee of the amount of money you may be eligible for. Recoverable damages may include the following:

  • Loss of expected future earnings
  • Loss of retirement benefits or pension
  • Medical bills
  • Funeral expenses
  • Pain and suffering

The law protects people who have lost a loved one due to the wrongful acts or negligence of another party. You are not alone, and don’t need to suffer in silence. The first consultation at Wilson Kehoe Winingham is free. Contact us today for a free consultation and to learn about your legal rights.

Call today for a free case evaluation – Wrongful Death Lawyer Indianapolis 317.920.6400 | 800.525.8028

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