An Indiana Wrongful Death Lawyer Helps With the Loss of a Loved One

Wrongful death cases are among the most tragic cases we handle. There’s only so much anyone can do when a loved one is lost, but our goal is to ease the transition into a life without a loved one as painlessly and respectfully as possible. Let an Indiana wrongful death attorney at Tofaute & Spelman help if you’ve lost a loved one. We’ve experienced the unique kind of pain and loss caused by the death of a loved one, and we understand the anger directed at any third-party responsible for the death.

Types of Wrongful Death Claims in Indiana

In wrongful death cases, victims lose their lives due to another person’s actions. These actions may include (1) unintentional when the victim loses their life as a direct result of another person’s negligence or recklessness and (2) intentional when the victim is killed by another person’s intentional or criminal act. 

Most wrongful death cases are unintentional, which involve negligent or reckless behavior, leaving you to prove the other party should be held responsible due to their failure to take reasonable care. Some examples of common wrongful death cases that arise due to negligence include:

• Car, truck, motorcycle, and pedestrian accidents.
• Medical malpractice.
• Deaths caused by defective products.
• Nursing home deaths.
• Slip and fall or other types of premises liability cases.

Wrongful death cases often arise in conjunction with criminal cases. Our experienced Indiana wrongful death lawyers at Tofaute & Spelman know how to work with criminal prosecutors to bring a united front against the responsible party.

How to Prove a Wrongful Death Claim in Indiana

In Indiana, the law defines “wrongful death” as a death that was “caused by the wrongful act or omission of another” person or entity. Perhaps the easiest way to understand a wrongful death claim is a personal injury claim where the consequences are death rather than injury.

So, the typical elements that a plaintiff must show are familiar:

• Duty. The victim must show that the defendant owed a duty of care to the deceased person. For example, in the case of a premises liability slip and fall case, the victim must show that the defendant had a duty to maintain the property in a reasonably safe manner.
• Breach of Duty. The victim must show that the defendant breached this duty by, for example, leaving a huge grease spill in a hallway.
• Causation. The victim must show that the defendant’s breach, ignoring the oil spill, was the cause of the victim’s slip and fall accident.
• Damages. Finally, the victim must show that the fall resulted in damages to the victim, such as loss of the deceased person’s income and household contributions and funeral expenses, and the like.

How Can an Indiana Wrongful Death Attorney at Tofaute & Spelman Help Me With My Wrongful Death Case?

If you’ve suffered the loss of a loved one due to someone else’s negligence or intentional bad act, an Indiana wrongful death lawyer at Tofaute & Spelman will take care of all of your insurance and legal issues. Our goal is to take this burden so you can focus on the myriad of details and the grieving process itself. We’ll represent you to your insurance company and any opposing parties, and we’ll treat you with respect and compassion and aggressively treat your claim with efficiency and focus. We understand what you’re going through and will gather the necessary evidence, create an evidence-based fact pattern, bring the responsible parties to the negotiating table, and take them to court if they refuse to offer a favorable settlement. 

Contact us today. We offer FREE consultations, same-day returns on phone calls and emails, a multilingual staff, and we are available 24/7/365.