A wrongful death claim arises where the negligence or intentional conduct of one results in the death of another human being. A wrongful death claim can arise from a vehicle accident, from a defective product, a premises liability claim, medical malpractice, a construction or at-work accident and any other accident situation that results in the death of one human being due to the fault of another.
An estate must be opened for the deceased person through which a wrongful death claim is then commenced. Typically, a surviving family member is named as the executor of the estate, but sometimes it is best to select an estate attorney or bank trust officer to act as the executor. The estate can be opened for the sole purpose of bringing the wrongful death claim or Foley & Small can work with the family estate attorney if an estate is needed to administer other property affairs of the deceased person.
Indiana has various statutes that govern the bringing of wrongful death claims, with specific statutes applicable for the deaths of a child, an adult or an elder person. Typically, the surviving family members are able to recover for the last funeral and burial expenses, for any last medical expenses, for the loss of income from the loss of the deceased person and for the loss of the love, care, nurturing and support that would have been provided by the lost loved one.
Wrongful death claims can be one of the most difficult cases to handle because of the tremendous feelings of loss that come with the unexpected death of family member. The attorneys and staff of Foley & Small will do all we can to help the family through the difficulties and transitioning to a new life.
Foley & Small is experienced in handling wrongful death claims and assisting surviving family members. Foley & Small will hire necessary experts to establish the liability and fault of the other person or company. Economists will be hired to perform loss of income calculations for the income that would have been earned by the lost loved, which would have gone to support the family financially.
Contact Foley & Small to handle your wrongful death claim by clicking on the link at the top right of this page for a live chat with a member of our staff or email us from our Contact page. You can also call us at 800-276-2525.