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The family of a Marine veteran who died at a Veterans Affairs facility in Tomah, Wis., due to a toxic mixture of more than a dozen drugs, filed a wrongful death lawsuit against the U.S. government, the Associated Press reported late Monday. Jason Simcakoski died in 2014. His family is arguing the VA caregivers improperly prescribed and administered drugs. The suit also alleges the government agency did not provide sufficient...
Whole grain oats, peanuts and…pesticide? On Wednesday, three lawsuits were filed against General Mills' granola bar purveyor Nature Valley. The company’s snack bars are currently labeled as being made with “100% natural whole grain oats." But one lawsuit alleges that they actually contain small quantities of the pesticide glyphosate. According to the litigation, filed in District Courts in New York, California, and...
Metro police have dedicated extra resources to figuring out what's behind a man peering into the windows of homes in Franklin Township. No arrests have been made and police are uncertain a crime has even been committed. The video is clear. The man can be seen walking up to the house. at one point, barking dogs seem to scare him away. But another time, he looks into windows, comes back again and even tries the keypad. ...Click...
The FBI is probing whether any illegal activity led to the creation and passage of Indiana’s contentious new vaping law. State Sen. Phil Boots, a Crawfordsville Republican, told IBJ he spoke with an FBI agent about the law more than a month ago. And Evan McMahon, who runs an advocacy group that had opposed the law, also told IBJ he talked to an FBI agent “a week or so ago.” He said they had an in-depth conversation about the...
Celebrity hair stylist, Chaz Dean, creator of the popular Wen hair care products, and the products manufacturer, Guthy-Renker LLC, have proposed a $26.25 million settlement to end class action claims filed by women across the country who allege that the product, which is promoted as containing no harsh chemicals, left them with severe hair loss and bald spots. More than 200 women have joined the class since lead plaintiff, Amy...

Wrongful Death

Wrongful Death

Experiencing the death of a loved-one is life-altering in most situations, and it is even more tragic when the death could have been prevented.  Too many unnecessary deaths occur as a result of the negligent conduct of others, and often, survivors are left to grieve while trying to navigate financial difficulties and family emotions brought on by their sudden loss.  Exorbitant medical and funeral expenses can compound an already painful and heartbreaking situation, bring despair where there is already sadness.

 What is a Wrongful Death Claim?

A wrongful death claim or lawsuit is not intended to determine criminal responsibility, but rather to establish who is liable for the death and the amount of compensatory damages to which the decedent’s family is entitled.

 Who may file a Wrongful Death Claim?

In Indiana, a wrongful death claim is brought by the personal representative of the decedent’s estate for the benefit of the surviving spouse, children or parents.  In cases involving the death of a child, the parents may file suit without an estate being opened.  Because the deadlines vary on the opening of an estate and the filing of a wrongful death action, you are encouraged to contact counsel immediately to insure the statute of limitations is preserved.

Wrongful Death Compensation

In wrongful death cases, plaintiffs can make a claim for the lost earnings of the deceased person, plus compensation for the loss of love and companionship of one’s family member.  Because of the tremendous loss to the surviving spouse and family, wrongful death damages are substantial.  The amount recovered often largely depends upon the amount of insurance coverage maintained by the responsible party.

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