At the Law Offices of Tony Zirkle, we offer compassionate and effective client service to the surviving families of fatal accident victims in wrongful death litigation. Our emphasis on thorough analysis and investigation of all of your claims for compensation, together with our readiness to support your family in every way possible while we develop and present your case, can make a significant difference to the outcome of your case as you make the transition to life without your loved one.
If you need a Chicago Brain Injury Attorney, contact Indiana Brain Injury Attorney Tony Zirkle now!
Wrongful Death FAQ's
Wrongful Death - An Overview
A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. An action for wrongful death belongs to certain persons identified by statute. In most states, such persons will include the decedent's immediate family members, such as surviving spouses and children, and sometimes parents or siblings. An attorney experienced in wrongful death law can explain all of the intricacies of these lawsuits and help achieve the best possible outcome for survivors.
Read More
The Physician-Patient Privilege in Wrongful Death Actions
In wrongful death actions, the issue of the physician-patient privilege, which protects the privacy of a decedent's medical records, often arises. The general rule is that unless the patient/decedent waives the privilege, a physician is not allowed to disclose any information acquired in attending to the patient in a professional capacity.
Read More
Wrongful Deaths Involving Children and the Elderly
Setting a price on human life is not an easy task, but it is one that courts and juries are required to do in wrongful death actions. Because the primary measure of damages in a wrongful death action is pecuniary (financial) loss, the death of a child brings up difficulties in arriving at an adequate damage award. When an adult dies, the pecuniary loss to the family is readily quantifiable. For example, when a parent dies, a child may seek damages for loss of the parent's care, income, nurturing, and guidance. When a child dies, the parents' recovery is limited to their pecuniary loss, which is usually quite small.
Read More
Statutes of Limitations and the Discovery Rule
All civil actions, including wrongful death actions, have time limits as to when they must be filed. These time limits, or "limitations periods," are contained in laws called "statutes of limitations." If you do not file your action before the expiration of the applicable limitations period, in most cases, you permanently waive your rights to recover damages in a cause of action.
Read More
Settlements and Damages in Wrongful Death Cases
Wrongful death actions can be very complicated, as the wrongful acts of several parties may have contributed to an individual's death. Pre-trial, out-of-court settlements are common in wrongful death cases, because most defendants want to avoid the publicity of having caused a death. When such out-of-court settlements occur, a reduction of the wrongful death damages award issued by a judge or jury will also occur. Thus, if a plaintiff settles a claim against one defendant, the plaintiff's recovery from any other defendant is thereby reduced.
Read More
