Carmel Wrongful Death Lawyer
While compensation from a wrongful death claim does nothing to ease the pain and anguish that you and your loved ones are suffering from at this time, it does accomplish two things: it helps ease the financial burden of the tragic death of your loved one, and it brings a small sense of justice in a society that does not adequately punish those whose negligent actions lead to unintentional deaths. If you lost a parent, child, or spouse, contact our experienced Carmel wrongful death lawyers at Keffer Hirschauer LLP today.
Causes of Wrongful Deaths
Roughly 170,000 Americans die every year from unintentional injuries, according to the Centers for Disease Control and Prevention. However, not all of these deaths are grounds for a wrongful death claim. A wrongful death is considered any death that could have been avoided had one or more parties acted with the duty of care required by the law. For example, a driver who texts behind the wheel and swerves into a pedestrian walking along the side of the road has just caused a wrongful death. A pharmaceutical company that releases a dangerous drug that takes the life of a sick patient has just caused a wrongful death. A nursing home facility that did not raise a patient’s bed side rails, resulting in the patient falling out of bed, caused a wrongful death. An employee who died on the job because their employer cut corners and refused to enact state or federal safety codes is the victim of a wrongful death.
- Traffic Collisions
- Car collisions;
- Truck collisions;
- Other commercial vehicle collisions;
- Bicyclist collisions;
- Pedestrian collisions; and
- Motorcyclist collisions.
- Premises Accidents
- Slip, trip, and fall;
- Swimming pool accidents;
- Dog attacks;
- Negligent security;
- Burns; and
- Exposure to toxic chemicals, such as asbestos.
- Other Causes of Unintentional Wrongful Deaths
- Workplace accidents;
- Medical malpractice;
- Boating accidents;
- Firearm accidents;
- Defective medical products; and
- Defective consumer products.
Calculating Damages in a Wrongful Death Claim
While the Environmental Protection Agency values an American life at $10 million, the value of wrongful death cases depends on many factors, including the at-fault party’s insurance policy. Certain family members can file a wrongful death lawsuit on behalf of the victim’s estate. Depending on their relation, family members can seek compensation for the following:
- Medical expenses of the victim;
- Pain and suffering of the victim;
- Loss of joy of life;
- Loss of consortium (loss of a companion);
- Lost income;
- Funeral and burial expenses;
- Property damage; and
Depending on the age and occupation of the victim, lost income may be the largest component of the wrongful death lawsuit. For example, if the victim was a young doctor who had many years left to work in that occupation, the lost earnings would be vast. On the other hand, if the victim is a retiree, or was working a lower wage job, lost earnings would be smaller. Sadly, the death of a minor child is “worth” less, in terms of lost income, than an adult because it is almost impossible to calculate what they would have earned over the course of their lifetimes. Insurance companies almost always attempt to reduce compensation by fighting for lower lost income.
Call a Carmel Premises Liability Attorney Today
If you lost a parent, child, or spouse, contact the experienced Carmel wrongful death lawyers at Keffer Hirschauer LLP today to discuss your case with a compassionate attorney. Contact us at 317-455-4043 to schedule a consultation today at no cost.