Any death can feel wrongful to those who suddenly lose a loved one. However, according to the law, only a small fraction of premature fatalities actually constitute wrongful deaths. The situation has to involve clear fault on the part of an outside party. When a...
Wrongful Death
Dealing with sudden and untimely death
The sudden and untimely death of a loved one is a horrific burden that no person should endure. What makes it even more difficult than a natural death is that we were not able to prepare for it. We still expected to be with our loved one for many years. We not only...
Are punitive damages available in Indiana wrongful death suits?
A wrongful death lawsuit is a legal action initiated to recover damages inspired by the loss of a loved one caused by their untimely, preventable death. To pursue a wrongful death lawsuit in Indiana, it is generally necessary to have proof of either actions or...
Wrongful death has a lower standard of proof
When someone’s actions or inactions cause another person to pass away, a court case certainly may result. This doesn’t mean that that person in question acted intentionally. This is not a criminal case, and so the standard of proof isn’t the same. It is much lower....
What is a wrongful death lawsuit?
People hurt due to negligence, reckless behavior or intentional misbehavior can file a personal injury claim against the individual or entity responsible for the injuries. But not all people are fortunate enough to recover justice in their lifetime. A wrongful death...
Wrongful death damages: What can you recover?
Losing a loved one is never easy. When that loss is the result of someone else's negligence or wrongdoing, the grief and pain can be even more difficult to bear. While compensation will not bring your loved one back, a wrongful death claim can help you cover some of...
Wrongful Death Act and Fraudulent Concealment
**UPDATE** The defendant, The Good Samaritan Home, Inc., sought transfer of this case to the Indiana Supreme Court. On May 16, 2013, the Court granted transfer, thus vacating the decision of the Court of Appeals. For discussion of the Indiana Supreme Court's...
Damages Pt. 11 — Wrongful Death
In this week’s installment of the ongoing series on damages the attorneys here at Pavlack Law discuss both the ability to recover damages and to whom damages may be awarded under Indiana’s Wrongful Death Statute. In order to understand how Indiana’s Wrongful Death...