What Constitutes Wrongful Death Indianapolis IN?

by | Jan 28, 2013 | Lawyers

Wrongful death is one of those issues which can prove to be both difficult and tricky to navigate when it comes to the emotional and legal aspect. The plaintiff, who could be the family of the victim in question, may file a case in haste due to an overwhelming rush of emotions and may end up losing the case which may hurt even more. It may feel like the judiciary system is siding with the defendant to deprive them of both their loved one and justice. To ensure the case is valid, the plaintiff must first of all ensure that they have all their facts right. As the question; under what kind of circumstances can one file for wrongful death Indianapolis IN and have a chance at winning the case?

First, in the case of a death occurring from injury at the workplace, one needs to ensure that the negligence was on the part of the business and not the victim. The victim must have been following all the safety rules set in place and must also be proven to have been working the right job as per his formal job description as stated in his work contract. This will ensure that the wrongful death claim has a chance in court because the employer will then have to answer why he did not create a hazard-free working environment. Any negligence on the part of the victim means that the employer can easily chalk the accident to the victim’s lack of failure to follow the rules set in place to protect him.

Another wrongful death Indianapolis IN case could come up as a result of medical malpractice. In such instances, it may take the opinion of a second and even third medical professional to prove that there was, indeed, medical malpractice. If it was a complicated procedure which caused the death, the question of whether the victim and his family offered their consent will be brought up. If so, was there a legal document which was signed by both parties? If the doctor elected to perform a procedure which was potentially fatal without the consent of the victim and their family, then a wrongful death lawsuit will definitely stand in court. The age and mental disposition of the victim also play a part as minors or those who cannot make a sound decision, such as those mentally disabled, need a legal guardian’s consent.

An additional piece of information that could be valuable at this point is tied to how the State of Indianapolis classifies and deals with wrongful death claims. Claims are split into three; death of an adult who has spouse/dependants, death of an adult without spouse/dependants, and death of a child/minor.

Consulting a lawyer well versed wrongful death cases is the best bet at getting a claim honoured. Proper research and proof of validity cannot be overstated enough. Visit Truitt Law Offices.

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