Indianapolis Wrongful Death Attorney
If you have lost a loved one in a serious accident or as a result of a work injury or construction accident, please accept our sincere condolences. We have seen how unforeseen losses devastate families firsthand, and we sympathize with you in your time of loss. As personal injury and wrongful death lawyers in Indianapolis, Indiana, we are well qualified to help surviving family members recover just compensation after an accidental death in the family. At Golitko & Daly, we’re a top Indiana law firm that provides maximum support throughout our clients’ cases so they can be with their family during this difficult time. Funeral expenses as well as loss of any salary can be an incredible financial burden to you family and children. Call our office today to schedule a free consultation with one of our wrongful death attorneys. We are here to advise and assist you. No further obligation is required.
Wrongful Death Explained
Wrongful deaths are fatalities that occur due to the actions (or inaction) of another person or party. This party may have acted with negligence or with the intent to cause harm, resulting in the victim’s death. Generally, immediate family members – such as a spouse, parent or child – can file a wrongful death claim for the losses they have suffered as a result of their loved one’s death. In some cases, survivors can file a wrongful death claim when criminal action has either failed or is not an available option.
Wrongful deaths are fatalities that occur due to the actions (or inaction) of another party.
How Do I Know If I Have A Wrongful Death Lawsuit?
Losing a loved one is among the most difficult things a person can endure. There are serious factors as they pertain to the law when determining someone else’s negligence and wrongful death claims can be made.
- Defendant – When you file a wrongful death lawsuit, you are the plaintiff suing the defendant. The defendant is generally an individual, an individual and their insurance company, a company, or government entity. These parties were negligent or were in breach of duty.
- Breach of Duty – The defendant failed to meet a standard of care. It is necessary to examine the case closely to determine which standard of care applies.
- Causation – The plaintiff must prove that the defendant’s act or failure to act was the cause of the death. Your attorney will be able to help you determine causation by examining evidence.
- Duty – The defendant had a duty to act or a duty to refrain from acting in a way that caused or prevented the wrongful death. There are several different levels of duty. These levels of duty are dependent upon the situation.
- Damages – Damages are determined according to fixed algebraic formulas often used by the courts and vary based upon age, occupation, and financial contribution of the deceased. They are also determined in either a lump sum pay or a scale of depreciating pay over time. This is all determined in either court or in the settlement.
Causes of Wrongful Death
Death can occur under a variety of different circumstances. In some cases, an accident may immediately be fatal. In others, the victim may die later as a result of his or her injuries. In cases where the victim was receiving medical treatment, their medical bills and fees could be through the roof following their death.
Below are some of the most common causes of wrongful death.
- Motor Vehicle Accidents: These accidents can be deadly, especially when alcohol or drugs are involved. Accidents involving large commercial trucks and motorcycles have an even greater risk of death due to the differences in size and weight and varying safety features.
- Medical Malpractice: Doctors who fail to take action to prevent death, or those who misdiagnose or fail to diagnose a terminal illness, can be held liable for the victim’s wrongful death.
- Product Liability: Manufacturers whose defective products result in death are liable for the extensive damages incurred by the survivors.
- Workplace Accidents: Workplace accidents can result in death if employers and other employees fail to adhere to safety regulations. Construction accidents pose an even greater risk of death to yourself or death of a loved one due to the dangerous equipment used on construction sites.
Compensation to Help Your Family Move Forward
No amount of monetary compensation will fill the gap left by your loved one’s wrongful death. We know that, and we’re very sorry that one of your loved ones experienced wrongful death.
Monetary compensation can, however, help your family through the financial difficulties created by the wrongful death. Your family may need financial assistance with one or more of the following:
- Funeral and burial expenses
- Replacement of future lost wages that your loved one would have contributed to the family
- Payment of outstanding medical bills and fees for your loved one’s injury
- Most importantly, the loss of love and affection your loved one provided
The attorneys at Golitko & Daly will fight for your right to compensation for the loss of your loved one. When appropriate, they may also seek punitive damages for a wrongful death caused by parties who acted in gross negligence or with the intent to do harm. Punitive damages are awarded in addition to the above compensatory damages to further punish the defendant.
We are Ready to Take On Some of Your Burdens
An experienced Indianapolis wrongful death attorney is a valuable ally at a time of personal injury, accidental death, and loss. We understand that your family needs time to grieve, regroup, and find your way forward after a loved one has passed as a result of an accident.
Our job and mission as an experienced Indianapolis wrongful death attorney is to take some of the burdens you face after a fatal accident off your shoulders. When we represent survivors of the deceased following an accident, we conduct a detailed investigation into the cause of death. You can rest assured that we will work to uncover all available sources of compensation, such as life insurance policies that the family was unaware of, workers’ compensation benefits, general contractor liability, and other sources of payment.
We analyze police reports, Occupational Safety and Health Administration (OSHA) findings and interview witnesses until we are satisfied that we understand how your family member died and who was legally responsible for his or her death. Whatever wrongful act led to the death of your loved one, we’ll find out who was to blame.
We also tackle the tough legal, estate, and other issues that surround your wrongful death claim. Our team is willing and able to help. Attorney Judy Golitko, who is also a nurse, has much experience working with families in times of stress. We are ready to examine all aspects of the fatal accident – including the possibility that you may be entitled to workers’ compensation death benefits if your loved one was killed on the job.
Construction Accidents – Work Injury Resulting in Death
Golitko & Daly has handled many wrongful death cases in Indiana arising out of a variety of work injuries or accidents. Unfortunately, workers who are killed on the job die needlessly. In many cases, these wrongful deaths are entirely preventable. They usually result from some general contractor’s reckless disregard for safety and the safety rules governed by OSHA and Indiana Occupational Safety and Health Administration (IOSHA).
Our clients include family members of the many ironworkers, electricians, and other union laborers from throughout the country who travel into Indiana for major construction jobs. When tragedy strikes a loved one, Golitko & Daly is here to help. You get to choose your legal representation, so make an informed decision. You want to select an OSHA-certified attorney. Any attorney at Golitko & Daly will be able to help provide the Indianapolis wrongful death representation that you need. We’re a local law firm with Indianapolis wrongful death lawyers that have years of experience and will fight for you and your family.
Million-Dollar Results – Attorneys with Impressive Track Records
Our lawyers have won multiple million-dollar wrongful death cases and are ready to help ease the pain and the loss of income caused by your loved one’s untimely death. Mr. Daly recently secured $10.2 million in damages for a client’s family thanks to his legal knowledge and OSHA expertise.
If someone else was determined to have caused your loved one’s wrongful death through the legal process, you’ll likely have a case for filing a claim. Take action and schedule a free case review with us today. Allow us to help you get the compensation that you deserve on behalf of the deceased.
Timeframe for Filing Your Wrongful Death Lawsuit
Depending on the statute of limitations of your state, you might have more or less time than another state to file your wrongful death lawsuit. In the state of Indiana, the family of the deceased person has up to two years after the date of death to file wrongful death claims.
While this might seem like a long time to begin to contact Indianapolis wrongful death lawyers, you’ll want to file your case as soon as possible. Depending on your case, in particular, there may be certain exceptions that apply to your case that don’t necessarily apply to other cases. It’s critical to contact an Indiana law firm as soon as possible so you can start to file your case and avoid any potential exceptions that may apply to your case.
Get in touch with the Indianapolis wrongful death lawyer team at Golitko & Daly for a free case evaluation as soon as possible.
Contact Golitko & Daly Today
A loved one’s death is one of the hardest things that anybody can experience. It can feel overwhelming, however, when the death of a loved one happens because of a tragic, preventable accident, or as a result of someone’s negligent or reckless actions. If you feel as though you have grounds to file a wrongful death claim, get in touch with a personal representative of the wrongful death attorney team at Golitko & Daly today to schedule a free case review. Our team will be dedicated to getting you the proper compensation that you deserve. Whether a wrongful death was caused due to someone else’s negligence or their specific intent to harm, get in touch with the Indianapolis wrongful death attorneys at Golitko & Daly. Tell us how we can help you get through this difficult time.