No Fee Guarantee
Hablamos Español

Newly Introduced Bill Would Grant Attorneys Fees In All Indiana Wrongful Death Cases

William W. Hurst – Indianapolis Wrongful Death Lawyer

Indiana has three separate wrongful death statutes including the General Wrongful Death Statute (GWDS), the Adult Wrongful Death Statute (AWDS), and the Child Wrongful Death Statute (CWDS). (The GWDS and ADWS are both outlined in the link for the AWDS with the GWDS being on top and the AWDS being on bottom). Both the AWDS and CWDS expressly provide for attorneys fees, but the Indiana Supreme Court decided in SCI Propane, LLC v. Frederick that attorney fees are not available when suit is brought under the GWDS.

In a practical matter, this means when the deceased is either a child or an adult with no surviving Wrongful Death Attorneys Feesdescendants attorneys fees are provided by statute (AWDS and CWDS), but when the deceased is an adult with surviving descendants attorneys fees are not provided. This decision led many to speculate less wrongful death cases would be brought because of attorneys unwillingness to litigate them, but now a solution to this issue has been proposed.

On January 5, 2016 Senator Lonnie Randolph introduced Senate Bill 124 which, if it passes, would allow for attorneys fees in adult wrongful death actions where the decedent leaves descendants. This bill was referred to the committee on civil law that same day.

Not only would this bill help simplify wrongful death law in Indiana, it would make it more likely that attorneys would want to bring wrongful death suits. While most Personal Injury Lawyers work on a contingency fee basis, being able to collect attorneys fees by statute as opposed to taking a percentage of the verdict or settlement seems to be a better avenue in these cases, especially when you consider the damages an individual can receive are capped. Because of this cap clients tend to get less than they deserve and attorneys get paid less when depending on a contingency fee because of the large amount of work that goes into litigating a wrongful death case.

Call and Experienced Indianapolis Personal Injury Lawyer

If your family member or friend has been killed or seriously injured due to the negligence of another contact and experienced Indianapolis Personal Injury Lawyer immediately. Injuries and deaths resulting from car accidents, semi-truck accidents, and motorcycle accidents require quick and experienced legal and investigative response to preserve any evidence and help present your case in the best light possible. Contact the Attorneys at the Indianapolis Law Office of William “Bill” Hurst or call us toll free at (800) 636-0808 for a free consultation. ¡Hablamos Español!

spanish

Contact Us For a Free Consultation Fill out the form below to receive a free and confidential initial consultation.

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