Wrongful Death Attorney Valparaiso IN

Wrongful Death Attorney Valparaiso IN

 

Losing a loved one is among the most difficult experiences a person or family can experience. When the death was preventable, feelings of grief and overwhelm are intensified, compounded by anger and the injustice of the whole situation.  Our wrongful death attorney Valparaiso IN law firm from Theodoros & Rooth, P.C. understands this emotional turmoil and are ready to fight for those left behind.

A wrongful death attorney in Valparaiso, IN will handle your case with great care and compassion while fighting aggressively to hold those who caused your loved one’s death accountable for the damage they have caused. We will work to get you fairly compensated for your losses and to restore a sense of justice.

When You Have Grounds for a Wrongful Death Claim

You may have grounds for a wrongful death claim if you lost a loved one because of someone else’s act of negligence. Acts of negligence can take various forms, including:

    • Motor-Vehicle Accidents: Drivers owe all others on the road an obligation of safety. They must follow traffic laws and safe operational practices and avoid unsafe behaviors, such as driving while fatigued, distracted, or under the influence. In recent years, there has been an increase in deaths among pedestrians and bicyclists, leaving more and more families with unspeakable grief.
  • Slip-and-Fall Events: We often think of slips and falls as minor incidents, but they can be fatal. A fall can cause a traumatic brain injury. Falls are especially dangerous for older adults and are the leading cause of death for those 65 and older, according to a study included in the National Library of Medicine (NLM).
    • Medical Malpractice: Surgical errors and preventable birth injuries are examples of medical malpractice. Misdiagnosis and failure to diagnose cancer and other conditions may also provide cause for a medical malpractice wrongful-death claim.
    • Defective Products: Some of the most tragic wrongful deaths are those of children harmed by toys with small pieces or defects that present choking hazards. Kids and adults can also die from defective chemical or medical products. For example, families of victims who were made fatally ill with a talc product recently got justice through a massive suit against the manufacturer.
  • Intentional Acts of Violence: Deaths from domestic violence or other crimes may present grounds for a wrongful death claim. Though offenders may be punished by the criminal system, they can also be held liable in civil court.

Whether you see the reason for your loved one’s death on this list or not, reach out for help from our wrongful death attorneys. If someone else’s negligence resulted in your loved one’s preventable death, we will fight to get you compensated. 

What You Must Prove in a Wrongful Death Claim

You must prove four specific elements to see a favorable resolution to a wrongful death claim. If you are in Valparaiso, other parts of Porter County, or anywhere else in Northwest Indiana, a wrongful death attorney from our firm can work to compile convincing evidence to prove each one. 

Duty of Care

The at-fault party owed the deceased a duty of care. A duty of care is a legal obligation to support others’ safety. The degree of duty owed by a person varies according to the role each party plays in the given scenario. Medical professionals owe their patients an extremely high duty of care. They accept their patients’ full trust in their professional abilities and must deliver appropriate, safe, attentive care. 

Drivers accept this obligation every time they get behind the wheel. Property owners have a duty to preserve the safety of guests on their property, though the intensity of the duty can vary depending on whether the guest is on a business site as a customer or at a friend or relative’s home as a social guest.

Product designers, manufacturers, and marketers take on this responsibility when they put a product up for sale. Consumers have a right to expect that the purchases they make will improve their lives, not end them. 

Breach of Duty of Care

The next step is proving the at-fault party failed to fulfill their duty of care–to show that, in some way, they breached their legal obligation to keep the deceased safe. Business venues without adequate security personnel or processes in place may be liable if a person is attacked in an area needing, but not having, security patrols or trampled by a crowd that turned riotous for lack of security guards.

Motor-vehicle accidents can result from a breach of duty. For example, Truck drivers often cause wrecks due to negligence. Recent NHTSA Traffic Safety Facts show Indiana lost 949 lives to motor-vehicle crashes over one year. Of that total, 454 were caused by drivers who breached their duty by driving while intoxicated. 

Direct Causation

Then, you must prove the at-fault party’s failure, and not something else, caused the decedent’s death. To hold a drunk driver civilly liable, you must prove their intoxicated state, not a broken traffic light, mechanical defect, or other issue, caused the death. In medical malpractice cases, you must show that the doctor’s failure, not a pre-existing condition or failure to follow through with a treatment regimen, caused the death. 

Causation applies to all negligence cases, and proving it can be challenging. Theodoros & Rooth, P.C. has the resources to carry out investigations to produce needed evidence. We also have relationships with various experts who can provide valuable, supportive input. 

Measurable Damages

Finally, you must show that you and other surviving family members, if applicable,  have suffered measurable financial and/or emotional damage from the loss of your loved one. For example, your loved one’s income may have helped support the family, or they may have otherwise contributed to household functioning. You and others may suffer from the loss of companionship, love, and guidance your family member provided.

Theodoros & Rooth, P.C. cannot bring your loved one back, but we will fight to have their death acknowledged and see justice served. You have lost so much, but we will work for compensation that allows you to put your financial worries to rest, focus on emotional healing, and look toward a more secure future. 

Indiana’s Wrongful Death Laws Explained

The Indiana Code defines wrongful death and governs the claims process. Per IC 34-23-1-1, a wrongful death is one “caused by the wrongful act or omission of another,” and had the person lived, they could have filed an injury claim against the at-fault party. Under this code, a “personal representative of the decedent” can pursue compensation on behalf of surviving family members.

The State imposes a two-year statute of limitations on filing wrongful death claims. For this reason, and others, it is critical to connect with a wrongful death lawyer in Valparaiso, IN as soon as possible after your loved one passes away. If your loved one is in an accident and critically injured, you should get in touch with an attorney quickly. Your lawyer can help your loved one with an injury claim, and if they succumb to those injuries, can help your family through the wrongful death claims process.

The wrongful death code establishes beneficiaries. Damages go to the decedent’s spouse and dependent children, or “dependent next of kin.” If no spouse or children are left, the law provides additional rules for distribution. 

The Wrongful Death of a Child

Specific laws govern wrongful death claims for the deaths of children. In these tragic situations, parents or guardians of the child can file. An experienced wrongful death lawyer can navigate this type of claim and any relevant circumstances, such as if the parents are divorced or there are other custody concerns.

Whatever your situation, our team can inform you of the rules to know about Indiana wrongful death claims and manage your case with skill and efficiency. We understand how devastated you are and will not lose sight of your personal loss. Theodoros & Rooth, P.C. stands with grieving loved ones in Valparaiso, Porter County-at-large, and all of Northwest Indiana. We will treat you with respect and compassion while we fight aggressively to hold the negligent party accountable. 

Compensation Available in a Wrongful Death Claim

Indiana operates under a comparative fault system for negligence cases, including wrongful death claims. To pursue damages, you have to be eligible under IC 34-51-2-6. This law only allows victims to seek compensation if they are less than 51% culpable for the situation leading to their injuries. In the case of wrongful death, your loved one would need to have met this criterion.

The law allows for reductions in compensation according to the victim’s percentage of fault. If your loved one is assigned 30% of the blame for the circumstances causing their death, you would collect 70% (30% less) of the total calculated compensation demand. Our wrongful death lawyers will work hard to protect your loved one from unfair blame and your compensation from a subsequent reduction.

A wrongful death settlement or trial can recover funeral and medical expenses, give them back to the estate, and distribute them among relevant service providers. Compensation for lost future earnings, loss of love and companionship goes to the beneficiaries. If the decedent is a child, different compensatory guidelines apply. You can trust our team to seek and fight for maximum damages in any situation.

How Our Team Helps Those Left Behind

When you have lost a loved one, everything hurts. Waves of grief can overwhelm you without warning, and emotional triggers are just about everywhere. Our team understands all this. We know that while you need us to represent you well, you also need support, and you can depend on us for both. In fact, treating “our clients and their families with the utmost compassion and respect” is a statement in The Theodoros & Rooth, P.C., Pledge.

We also know that grieving a loved one can leave you with feelings of uncertainty, not just about your future well-being, but about everything. We promise that you will never have to feel uncertain about what is happening with your case. While you can trust us to do our job with exceptionalism, you will not have to. We will answer your calls, address your concerns, and keep you updated about your case’s progress.

It is always difficult to move forward after a loved one dies, and cases that drag on can slow this process down even more. That is why we promise to work to resolve your case as efficiently as possible. Our goal is to get you the most favorable outcome possible as quickly as possible.

Resolving a Wrongful Death Claim

A wrongful death claim can be resolved with a settlement or a trial award. Settlements happen out of court and after negotiations with the at-fault party. Our team will work to resolve your case this way first. Settlement resolutions typically take less time and involve less stress than trials. 

Successfully settling, however, also depends on the other side’s willingness to engage in productive negotiations. The at-fault party’s representatives know you want to put the case behind you. Sometimes, they purposefully slow the process down in the attempt to get you to agree to a lower offer and end the case, or just to delay having to make a payout. If this happens in your case, our wrongful death attorneys will explain the possible paths forward and help you make an informed decision.

You may choose to go to trial, and if you do, you can do so confidently. Our team only takes cases it believes in, so we will not encourage you to settle for less just to avoid a court battle. We will be ready to fight for you no matter what. 

Compassionate Representation That is Here for You

The death of a loved one can cause emotional and financial chaos. Those left behind are reeling from the loss and filled with anxiety about their continued financial security. Theodoros & Rooth, P.C. can help. Connect with us anytime to schedule a free case consultation. 

Once we enter a partnership, you can count on us for compassionate support and skilled, aggressive representation. We will handle every detail of your case so you can recover, regroup, and look toward a more hopeful future.