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What Happens to a Personal Injury Claim in Indiana When the Plaintiff Dies from an Unrelated Cause?

What Happens to a Personal Injury Claim in Indiana When the Plaintiff Dies from an Unrelated Cause?

William Bill Hurst – Your Indiana Lawyer

 

Indianapolis Personal Injury LawyerThe Accident Circumstances

Imagine you have just survived a harrowing car accident; you were sitting at a stop light when out of nowhere a drunken teenager driving an SUV came careening through the red light and into your car. The car was totaled but, aside from a broken arm and a few cracked ribs, you miraculously survived the day. Though you are alive, you still have medical expenses and a totaled car that needs to be replaced. Wisely, you decide to hire an Indiana drunk driving attorney to get you the money you need to get healthy and replace your car. Now imagine, three weeks after surviving the ordeal, you are out celebrating the beginning of your recovery with a nice steak dinner. Unfortunately you don’t chew your food well enough and a piece of steak gets caught in your throat and you choke and die. What happens to your legal case against the drunken teenager that hit you!?

 

Indiana Injury Survival Law

In the old days (pre-1998) any cause of action against the drunk driver would have been dropped due to the death of the one bringing the case and the fact that the death was unrelated to the original accident. In 1998 the Indiana Legislature passed the “Indiana Survival Statute” (IC 34-9-3). This statute made it possible for the dead person’s (“decedent”) personal representative to continue the case, even though the original victim was gone. According to section 4 of the statute, a personal representative can “maintain an action against the wrongdoer to recover all damages resulting before the date of the death for those injuries that the decedent would have been entitled to recover had the decedent lived.” All money recovered then goes to the decedent’s estate. This unfortunate situation happens particularly often to elders involved in accidents, who are often sick to begin with and die from causes that cannot be directly linked to the accident.

 

Seek Help from an Experienced Attorney

If you have a loved one who has died from causes unrelated to an accident before they could be fully compensated, contact the Indianapolis car accident lawyers at The Law Office of William “Bill” Hurst or call us toll free at 1(800)636-0808 for a free consultation. We have more than 35 years of experience helping victims and their families get results and fair financial compensation for their personal injuries.¡Hablamos Español!

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FAQs
Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of William W. Hurst and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney