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Establishing Liability In A Wrongful Death Lawsuit
When a loved one is lost because of the negligence of another party, the considerations are overwhelming. While coping with grief, survivors must determine: How will we move forward without the income and other contributions of our lost loved one? How will we pay for funeral arrangements? What legal action should we pursue?
Fortunately, the personal injury attorneys at Golitko & Daly, P.C., are here to offer compassionate assistance and legal advice. Victims’ families need just compensation, and the key to collecting damages is establishing liability in a wrongful death lawsuit. Our Indianapolis, Indiana, attorneys can explain this process and determine if you have a case. If your family members have suffered a loss, and you believe it could have been prevented had another party taken proper precautions, contact us to schedule a free consultation. Our personal injury attorneys have handled many wrongful death claims resulting from workplace accidents, auto collisions and other accidents.
About Wrongful Death
Wrongful death is a civil law term, entirely separate from any criminal law proceedings. Wrongful death and survivor statutes were created to allow surviving family members to recover financial damages. In Indiana, a wrongful death claim must be filed within two years of the date of passing. This statute of limitations applies whether the victim was killed instantly or died after long-term treatment of the related injuries.
Surviving family members who can recover damages include the spouse, children, parents and other dependents. Wrongful death compensation can include medical and funeral expenses, loss of financial support and other personal losses.
Establishing Liability For Wrongful Death
As in any personal injury case, the plaintiff’s attorney must prove that negligence caused or contributed to the incident resulting in the victim’s death. In most circumstances, there is a legal “duty of care” owed, and if this duty is breached, a person or entity can be held liable for injuries and losses. This is true whether the victim was visiting someone’s home or business, using newly purchased equipment or driving a taxi. Through diligent legal investigation and gathering of evidence, a defendant or defendants can be proven to have had responsibility for the death in question.
For example, a construction accident case might involve a worker falling from a two-man scaffold and suffering fatal head injuries. The fall might have been caused by faulty scaffolding equipment, mismanagement of the job site or poor hiring and training decisions. The attorneys of Golitko & Daly, P.C., know how to thoroughly investigate these cases to determine the cause of death and establish liability. Our proven techniques include accident reconstruction, extensive witness interviews, safety record checks and other strategies.
If workers’ comp coverage is applicable to the situation, our attorneys can ensure the claim process upholds the best interests of our clients. Employers may fight the payment of a workers’ comp death benefit by attempting to blame the victim for the accident. Since these victims cannot speak for themselves, we are prepared to build a compelling case on their behalf to benefit their loved ones.
The personal injury attorneys at Golitko & Daly, P.C., are here to offer compassionate assistance. Victims’ families need just compensation, and the key to collecting damages is establishing liability in a wrongful death lawsuit.
After years handling wrongful death cases, our attorneys completely understand the immense challenges surrounding the loss of a loved one. We can uphold your best interests in order to help you and your family cope with a devastating loss. For a free consultation, please contact us today.