Indiana Wrongful Death Attorney James L. Lowry

Wrongful Death

Wrongful deaths are deaths that occur resulting from reckless acts of another or negligence and carelessness of another individual.

Wrongful deaths can arise from automobile accidents, motorcycle accidents, drunken drivers, pedestrian accidents or other vehicular accidents resulting in death.

Under the English common law, wrongful death claims did not exist under the theory that when a person dies because of the wrongdoing of another, there was no way to compensate him for the damages Under common law, surviving family members and loved ones could not obtain money damages from the person who caused the wrongful death of their family member. Most states have now adopted legislation that entitles surviving family members and loved ones to obtain compensation from persons who have wrongfully caused the death of another.

Four Elements You Most Prove

In order to recover on a claim for wrongful death in Indiana, four elements must be proven:

  1. That the death of the victim was caused in whole or in part by the conduct of the Defendant.
  2. That the conduct of the Defendant, which resulted in death, was negligent or reckless.
  3. That there are family survivors such as children, beneficiaries and surviving spouse or other dependants.
  4. That financial loss and damages have resulted from the death of the victim.

Necessity of Good Counsel

Nothing can be more disruptive to an individual or a family than the loss of a loved one. It is important when such an accident occurs that consideration be given fairly quickly to retaining an attorney to investigate the death and determine if the death was caused by the wrongful misconduct or negligence of another. Crucial evidence must be obtained and protected from destruction in the days and weeks immediately following a wrongful death.  Surviving family members should contact an attorney immediately to advise them of their rights and to help them through the complex legal issues that arise in a wrongful death situation.

The rights of each survivor need to be investigated and determined without preference among the individual survivors.  Evidence must be gathered to prove the misconduct or negligence of the party that caused the death.

These are some of the issues that need to be considered and acted upon in order to preserve the rights of those who have suffered such a devastating loss.  A competent wrongful death attorney can assist the personal representative of the estate and the surviving family members by providing wrongful death victims with the necessary information to pursue and protect their claims.

Contact us for a free initial consultation.