Indianapolis 18 Wheeler Accident Lawyer – Understandably, when their death is the result of someone else’s carelessness or negligent actions, your grief can turn to anger.
Depending on the circumstances of your death, your family may be entitled to file a wrongful death claim in Indiana.
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While no amount of money can bring back your loved one, wrongful death compensation can ease the unexpected burden on you.
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To determine if you have a claim, contact the Indiana wrongful death lawyers at Girling Law at (888) 437-5464 for a free consultation or call.
If you have lost a loved one, we send you our deepest condolences. We understand what a difficult time this is for you and your family and we want to help. At Girling Law, our wrongful death attorneys represent families who have experienced the tragic death of a family member due to the careless, negligent, or intentional actions of another person. We offer compassionate yet aggressive presentation. Our priority is to help you get justice for your family’s loss.
From a legal perspective, Indiana law considers wrongful death caused by the “wrongful act or neglect of another.” Compensation in a wrongful death claim is designed to provide you with financial relief from the financial hardship and emotional stress your family is currently experiencing.
Each state has specific laws that deal with wrongful death claims and who must file the claim.
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In Indiana, only the personal representative of an estate can file a wrongful death lawsuit. A personal representative is a person listed in the decedent’s will or other estate planning documents, or appointed by the court. In cases where the deceased was a child, one or both parents can file a wrongful death claim.
Although the personal representative is the one who filed the wrongful death claim, the family members will be the beneficiaries who will receive any compensation from the wrongful death judgment.
Depending on the circumstances, the personal representative may collect the award if the decedent was an adult who died without a spouse or dependents. But the damages are limited to the expenses incurred due to the final injury and death of the deceased. Any financial compensation includes funeral expenses, hospital and medical bills, legal fees, etc.
You only have a limited amount of time to file a wrongful death claim in Indiana. The fixed period is between two years after the date of the person’s death. If the wrongful death case is not covered by the statute of limitations, your case will be dismissed. Dismissal means you cannot claim any compensation for your financial loss and emotional distress.
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Many other incidents lead to wrongful death lawsuits, including wrongful death. Perhaps the victim was killed during a burglary or was shot during a carjacking. If a criminal case is pending against the defendant, this does not prevent you from pursuing monetary damages through a civil lawsuit.
When you file a wrongful death claim, you may be entitled to financial compensation for the financial loss and emotional distress you experienced as a surviving family member.
Parents who have lost a child can also recover from psychological services provided by parents and younger siblings.
Wrongful death claims focus on the financial loss and emotional distress of the family members left behind. The personal representative of the estate can file a survivorship action and a wrongful death claim if the victim lives for some time before dying. In a survivorship action, the estate may recover compensation for the decedent’s medical expenses, lost wages, pain and suffering, etc.
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Note that Indiana law limits wrongful death damages in certain circumstances. The amount will vary depending on the age of the deceased, the surviving family left behind and the cause of the wrongful death. E.g.
If you’ve lost a loved one due to someone else’s negligent actions, don’t try to file a lawsuit yourself. Let our Indiana wrongful death lawyers help you.
We understand the emotional and financial stress you are going through. At Girling Law, our team recognizes the challenges and complexities of the Indian legal system. We are here to guide you through every step of the claims process. Our wrongful death attorneys will take care of all the details so you can focus on your family.
To learn more about how we can help you file a wrongful death claim, contact Girling Law to schedule a free, no-obligation consultation. With our decades of personal injury experience, we can help you get your family the compensation they need so you can get on with your life.
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Knowledgeable, professional and easy to talk to. The personal injury attorneys at Girling Law provide a true example of a downtown law firm that still cares about the well-being of the little person who needs great representation!- Teresa H. Heavy trucks and other commercial vehicles pose a serious hazard to everyone. They do not travel the roads of Indianapolis. Although they are clearly useful for transporting goods from one place to another, the size of these vehicles makes them slow to stop in an emergency and cannot see smaller vehicles nearby.
Commercial vehicle collision injuries can devastate every aspect of your life. Of course, this can lead to physical harm. In addition, an accident can affect the way you live, enjoy time with loved ones, or live a pain-free life.
If you have been injured in a large container or trailer collision, an Indianapolis truck accident attorney can help. A personal injury attorney can explain the laws governing safe truck operation and show how the truck driver’s failure to follow those rules caused the injury. It is also important to note the increase in trucking and fatality rates in Indiana between 2019 and 2020, despite the reduction in traffic on roads due to Covid-19. Research shows that the cause of the increase in death rates is mainly due to negligence of truck drivers.
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All drivers on Indianapolis roads have a duty to protect others. These include worldwide duties to obey the speed limit, stop at red lights, yield when necessary and avoid texting while driving.
However, there are additional laws governing the safe operation of tractors and other large commercial trucks. Another common violation that can lead to accidents is truck driver driving hours restrictions. According to Federal Motor Carrier Safety Administration regulations, truck drivers cannot stay on the road for more than 11 hours after a 10-hour rest period.
Additionally, truck drivers cannot drive more than 60 hours in seven consecutive days. Violation of this rule can cause fatigue which reduces reaction time and makes accidents easier. An Indianapolis truck accident attorney can investigate the cause of the collision to determine how the truck driver breached his duty to protect others.
There is no doubt that trucks can cause serious injuries. Just a moment of lapse or carelessness in decision making can lead to accidents that destroy the lives of others. Examples may include:
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Each of these situations puts other travelers at risk of serious injury. However, injured parties can only collect compensation for their losses if they can prove that the truck driver was responsible for the accident. A key role Indianapolis truck accident attorneys can play is in illustrating this concept.
It is important to start the reporting process as soon as the accident occurs. If people can, they should collect evidence from the accident scene. This may include pictures and videos of the location. They should also speak to any witnesses who saw the collision and get their contact details. Ultimately, calling the police will get people all the medical treatment they need and create a report that will provide an unbiased view of the incident.
However, this evidence may not be sufficient to prove that the truck driver caused the collision. An Indianapolis truck accident attorney can work with accident reconstruction experts to prove that the truck driver was at fault for the accident. This information can be combined with the observations of others that leave no doubt that the truck driver was injured in the incident.
This is especially important when you consider that the government uses a concept called modified comparative negligence to assign fault in accidents. Pursuant to Indiana Code § 34-51-2-6, courts must evaluate the actions of all parties involved in an accident and assign fault accordingly. Truck drivers can try to claim that the injured person’s traffic violation or negligence contributed to the accident.
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If the court believes this argument, it must reduce the percentage of fault in the injured party’s compensation. If this percentage
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