A wrongful death claim arises where the negligence or intentional conduct of one results in the death of another human being. Foley & Small has years of experience handling wrongful death claims. 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.
-Douglas D. Small
-Edmond W. Foley
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 email us from our Contact page. You can also call us at 800-276-2525.
Represented high school student injured in highway intersection accident suffering vertebral fractures.
Represented elderly handicapped gentlemen who fell on asphalt debris in apartment complex parking lot.
Represented woman injured at county road intersection collision suffering complex hand injuries.
Lead counsel in Indiana working to secure a settlement of $125,000,000.00 against the New England Compounding Center and its officers, directors and employees arising from fungus contaminated epidural injections distributed throughout the United States, including Indiana and Michigan.
Represented worker injured at work site due to injuries caused by third party contractors (not employer).
Retail store slip and fall claim resulting in brain injury.
Represented estate of employee injured as a result of an at-work explosion caused by third party contractor.
Represented woman injured due to defective product resulting in injuries involving significant complications and multiple follow up procedures.
Represented estate of construction worker injured who suffered fatal injuries during the course of assisting and the unloading of construction materials from a trailer.
Represented estate of man electrocuted while working on farm property. Settlement with certain defendants and trial with one defendant.
Represented estate of middle age woman who suffered fatal injuries during the course of a car semi-tractor collision.
Represented estate of man who died from injuries due to collision with a semi-tractor trailer.
Represented family members suffering injury after being struck by a delivery vehicle which failed to stop for a stop sign.
Represented delivery driver of RV units injured in crash with vehicle on interstate highway resulting in severe lower extremity injuries. Settlements with two defendants and verdict against a third defendant.
Represented client rearended by truck resulting in concussive and hand injuries.
Represented client involved in an intersectional accident resulting in chest and upper extremity injuries.
Represented woman struck by a vehicle involved in a high speed auto chase.
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Foley & Small handles and tries cases across Indiana and Michigan. This includes working in the following counties, county seats and cities: