When someone dies as a result of negligence, whether medical negligence or standard negligence, this is known as a wrongful death claim. In Indiana, wrongful death claims are covered by statute. In Indiana there are limits on who can bring a wrongful death suit and what damages can be recovered.

What is a wrongful death claim?

Wrongful death claims are very similar to personal injury claims, except the injured party does not survive. Therefore, instead of the injured party filing the lawsuit, the survivors of the injured party must file the lawsuit. As with personal injury claims, the deadline to file a wrongful death lawsuit is two years of the individual’s death.

Damages resulting from a wrongful death lawsuit include damages for medical bills, loss of love and companionship, and funeral and burial expenses.

Who files a wrongful death claim?

Who can file a wrongful death lawsuit depends on several things; for example, whether the deceased was a child or an adult.

Adult Wrongful Death

When the decedent is an adult, only the personal representative of the estate can file the wrongful death claim. The personal representative can be a family member or a neutral third party. Either way they must be appointed by the court.

It is important to note that while the personal representative is the one who can file the case, they do so for the benefit of the deceased’s surviving family members and unless a beneficiary, will not receive any money from a settlement.

Child Wrongful Death

When the decedent is a child, who can file the lawsuit changes. As a point of clarification, a “child” in Indiana is an unmarried person under 20 years of age.

In the event of a child’s death, one or both of the child’s parents can file the claim if the parents are married. If the parents are divorced, the parent with legal custody of the child may file the claim. Alternatively, a child’s legal guardian may file the claim.

What damages are available in a wrongful death claim?

The amount and types of damages available after a wrongful death vary greatly depending on the circumstances of the deceased at the time of their death. However, below are some general damages that may be available in the event of a wrongful death.

Funeral and Burial Expenses:

Funeral and burial expenses are a common damage that can be recovered in the event of a wrongful death. Therefore, it is important to keep copies of invoices and receipts for these expenses.

Loss of Love and Companionship:

While not possible to truly quantify, the loss of love and companionship of a loved one can be recovered in the event of a wrongful death. The amount of compensation available for loss of love and companionship varies depending on the specific facts of the deceased, but for example, in the case of an unmarried adult with no children, the recovery for loss of love and companionship is capped at $300,000.00.

Medical Expenses:

Medical expenses that are connected to the wrongful death of the decedent are also recoverable. These reasonable medical expenses include medical and hospital bills associated with the injury that caused or are related to the decedent’s death.

How can we help?

When a loved one dies, the first thing you are thinking about is often not a lawsuit. You are busy processing the loss of the loved one and focusing on your own health and wellbeing. The attorneys at Waldron Tate Bowen Land are here to help. We will evaluate the case and clarify what damages are available based on the specific circumstances of your case. We provide high quality legal services focused on helping our clients recover compensation after a life-changing loss. If you believe a loved one has died as a result of medical negligence, please contact us for a free consultation.

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After a car collision, one of the most important questions that needs to be answered is the amount of car insurance coverage available. Available car insurance coverage includes not only the at-fault driver’s insurance, but also your own uninsured and underinsured motorist coverage (frequently referred to as UM/UIM coverage).

In Indiana, all drivers are required to carry car insurance on their vehicle. These policies vary in limits and are designed to protect you in various situations. In Indiana, state law dictates the minimum amount of insurance coverage an individual must have. State minimums in Indiana are:

• Uninsured Motorist Coverage – Bodily Injury: $25,000.00/$50,000.00. In other words, $25,000.00 per person and $50,000.00 per incident)
• Property Damage: $25,000.00
• Underinsured Motorist – Bodily Injury: $50,000.00

There is oftentimes confusion as to the difference between underinsured motorist coverage (UIM) and uninsured motorist coverage (UM). The difference between the two boils down to the insurance coverage of the at-fault driver. If the driver has no insurance, or if the collision was a hit and run, the uninsured motorist coverage will be applied. If the at-fault driver has insurance, but that insurance is not sufficient to cover your damages, the underinsured motorist coverage will apply.

Uninsured Motorist Coverage

With an increase in uninsured drivers and hit-and-run collisions in Indiana, uninsured motorist coverage has become especially important. Uninsured motorist coverage offers peace of mind in the event you are involved in a car accident for which you are not at fault and will help with any medical bills or other expenses associated with the collision.

Uninsured motorist coverage can cover various types of damages including:

• Medical bills associated with the collision;
• Lost wages;
• Pain and suffering;
• Mental and emotional distress.

When a collision occurs with an uninsured driver, the chances of being able to collect from that driver are often slim. Therefore, having your own insurance policy that will provide coverage for you in the event you are in a collision with an uninsured driver will ensure that you are protected. The amount of protection you are provided by uninsured motorist coverage is dependent on the amount of coverage that you carry in your own policy. When possible, we advise everyone to carry more than the state minimum in order to have as much protection as possible.

Underinsured Motorist Coverage

What happens if the at-fault driver has insurance, but it is not enough to cover your damages resulting from the collision? This is when underinsured motorist coverage comes into play. Frequently, if a collision is severe and the at-fault driver only carries the state minimum coverage, this will not be sufficient to cover your damages.

The concept of underinsured motorist coverage can oftentimes be difficult to understand. The following example can help explain the math of an underinsured motorist claim.

A collision occurs in which you experience extensive injuries and medical bills. The other drive is carrying Indiana’s minimum coverage of $25,000.00. Due to the nature of your injuries and the medical bills, the at-fault driver’s policy is quickly exhausted.

However, you have $100,000.00 in underinsured motorist coverage. Because the at-fault driver already exhausted their policy of $25,000.00, you would have an additional $75,000.00 in underinsured motorist coverage.

Underinsured motorist coverage can cover various types of damages including:

• Medical bills associated with the collision;
• Lost wages;
• Pain and suffering;
• Mental and emotional distress.

As with the uninsured motorist coverage, we advise carrying more than the state minimum in order to provide as much protection as possible.

Questions about Uninsured and Underinsured Claims?

It is important to note that when you file an uninsured or underinsured motorist claim, despite the fact that you are working with your own insurance company, it is important to have an attorney on your side. Frequently, insurance companies are looking to pay as little as possible to settle a claim.

The attorneys at Waldron Tate Bowen Land have extensive experience in handling uninsured and underinsured motorists claims. If you have been in a collision and have questions about your options, please contact us for a free consultation.

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What types of evidence can you collect after a car accident?

Typically, there are three different types of evidence that can be collected after a car accident: (1) damage evidence; (2) electronic evidence; and (3) verbal/written evidence.

1.    Damage Evidence

Physical evidence includes the physical things that can be collected to show proof of what happened during a collision. This evidence includes things such as:

• Damage done to your car or any other property involved in the collision;
• Any injuries that you suffered;
• Copies of police reports;
• Medical records pertaining to any injuries you may have.

2.    Electronic Evidence

Digital evidence includes any sort of digital or electronic evidence that may help prove what happened such as:

• Photos of the accident scene;
• Photos of damage to your vehicle or any other property involved in the collision;
• Photos of injuries at the time of the collision and as healing is progressing;
• Surveillance footage or dash cam footage;
• Black box data;
• Data from any health apps on your phone or smart watch;
• Phone records from before and immediately after the collision;
• Digital communications regarding the collision such as text messages or social media posts.

3.    Verbal/Written Evidence

Verbal and written evidence can oftentimes be the most helpful evidence in your case. This includes verbal statements that are turned into written statements such as your own statements to emergency responders or other witness statements.

Witness statements are oftentimes very helpful as they provide an outsiders perspective and are often unbiased descriptions of what caused the collision. They also likely saw things that you did not see, before, during and after the collision.

Additionally, written evidence such as a log documenting your injuries, the amount of pain you are feeling on certain days or with certain activities, or calendar entries of time missed from work or medical appointments can be helpful later in the case to refresh your memory on things you may have forgotten over time.

Contact an Attorney with experience.

The preservation of all kinds of evidence and information is crucial is helping you get the most compensation after a car accident. This evidence is what makes it possible to prove what happened and why you need compensation for damages such as lost wages, emotional and mental distress, pain and suffering, property damages, medical expenses, and more.

However, getting this evidence is not always easy or possible. That is why it is crucial to contact an attorney with experience in car crashes as soon as possible following a collision. They can take the lead on gathering this information, which will allow you to focus on your recovery and getting back to your life as quickly as possible.

The attorneys at Waldron Tate Bowen Land have many years of experience in collecting all the necessary evidence and helping individuals who have been involved in a car collision. If you have been in a collision, don’t hesitate to contact us for a free case review.

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Healthcare providers can choose to be covered by the Indiana Medical Malpractice Act by becoming a “qualified healthcare provider.”  All that is required to be a “qualified provider” is the purchase of a particular insurance policy and payment of a surcharge to the Patients Compensation Fund.  As of July 1, 2019, the policy must be in the amount of $500,000.00.  The surcharge, which varies by specialty and provider, helps to fund an additional $1,300,000.00 in coverage.  If a provider is a qualified provider, a patient’s recovery is capped at $1,800,000.00 – no matter the amount of the damages.  If a provider chooses not to purchase the minimum insurance, there is no cap on damages and the other protections of the Indiana Medical Malpractice Act do not apply.

To recover for medical malpractice in Indiana, a patient must show that a medical provider violated his/her standard of care to the patient and that violation caused harm to the patient.  Generally, the lawsuit must be brought within two (2) years of the date of the malpractice with very limited exceptions.  Unlike other types of lawsuits, a patient cannot immediately file a lawsuit against the healthcare provider.  Instead, the patient must file a claim with the Indiana Department of Insurance alleging malpractice. Following the filing of this claim, a medical review panel of three (3) doctors is then selected to review the claim.  Both the patient and the healthcare provider(s) submit evidence to the panel, who then review the claim and issue an opinion.  This, however, is not the end of the claim.

Once a review panel opinion is issued, regardless of the decision of the panel, the patient can then file a claim in a state court.  If the medical review panel found no malpractice, a patient must submit an expert opinion from a similar provider, stating that the expert disagrees with the panel opinion and that he/she believes that the healthcare providers conduct was below the standard of care.  Once that occurs, the case can continue in state court.

Medical malpractice cases are highly specialized and, unlike many other court cases, require specific, expert opinions.  If you believe you have been harmed by medical malpractice, you should contact an attorney who specializes in this area of law to help you navigate this complex process.

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Ann Marie Waldron and Brandon Tate obtained a $850,000 Marion County jury verdict for a client who slipped and fell at a pool, injuring her shoulder.

Ann Marie Waldron obtained a $1 million Kosciusko County jury verdict for a client who was injured in a motor vehicle collision involving a semi-truck.

Ann Marie Waldron and Brandon Tate negotiated a $3.3 million settlement for a wrongful death involving a crane.

Kevin Bowen assisted individuals injured in car accidents, slip and falls, and other cases involving negligence across the state of Indiana receive compensation for their injuries.

Brandon Tate and Katie Piscione tried a case through verdict in the Southern District of Indiana as appointed counsel.

We are also happy to announce that Brandon Tate was awarded the 2021 Max Goodwin Young Lawyer of the Year Award by the Indiana Trial Lawyers Association. The honor is awarded to only one lawyer in Indiana each year for distinguished service to the citizens of Indiana and the United States as an outstanding young lawyer dedicated to protecting the rights of the injured under the laws of the State of Indiana and the United States of America.

Additionally, Ann Marie Waldron was once again selected to the 2021 Indiana Super Lawyers list. Each year, no more than 5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Brandon Tate and Kevin Bowen were once again selected to the 2021 Indiana Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

In its first year, WTB continued to grow. This year, WTB added four new employees including a receptionist, a legal assistant, an associate attorney, and a law clerk. We also expanded our offices to three floors. Additionally, WTB added the state of Illinois to our practice states and are looking to continue growth into other states in the future.

While there were many challenges associated with expanding a firm during the COVID-19 pandemic, we could not be happier with the successes we achieved in our first year. We look forward to many more years of successful advocacy for our clients.

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What is an Invitee?

An “invitee” is a person who has entered a property at the express or implied invitation of the owner.  Burrell v. Meads, 569 N.E.2d 637, 640 (Ind. 1991).   However, an invitation does not have to come from the landowner and it does not need to be expressly given.  Yates v. Johnson County Board of Commissioners, 888N.E.2d 842, 850 (Ind. Ct. App. 2008) (quoting: Kopczynski v. Barger, 887 N.E.2d 928, at 931 (Ind. 2008)).  Instead, an implied invitation is sufficient, and can be inferred from a landowner’s acts or conduct.  Id. at 849. The term “invitees” include social guests, business invitees, and public invitees.

What Duty does a Landowner Owe to an Invitee?

A property owner owes an invitee the duty to exercise reasonable care for his/her safety while he/she is on the property. That duty is the same whether the invitee is a social guest, a business invitee, or a public invitee.

A landowner is subject to liability for an injury suffered by an invitee due to a condition on the land if the owner: (1) knew or by the exercises of reasonable care would have discovered the condition and should have realized that it involved an unreasonable risk of harm to the invitee; (2) should have expected that the invitee would not discover or realize the danger, or would fail to protect himself against it; and (3) failed to exercise reasonable care to protect the invitee against the danger.  Burrell, 569 N.E.2d at 639-640.

Can the Landowner Claim I Assumed the Risk?

Incurred risk is defined as follows:

It involves a mental state of venturousness on the part of the actor, and demands a subjective analysis into the actor’s actual knowledge and voluntary acceptance of the risk. By definition … the very essence of incurred risk is the conscious deliberate and intentional embarkation upon the course of conduct with knowledge of the circumstances. It requires much more than the general awareness of potential for mishap. Incurred risk contemplates acceptance of a specific risk of which the plaintiff has actual knowledge.  Town of Highland v. Zerkel, 659 N.E.2d 1113 (Ind. Ct. App. 1995)

What if I Signed a Waiver or a Release of Liability?

The Indiana Court of Appeals has held that a written contract may release a landowner from liability for damages caused by the landowner’s own negligence.  The State Group Industrial Limited v. Murphy & Associates Industrial Services, Inc., 878 N.E.2d 475, 480 (Ind. Ct. App. 2007).  However, in order to be enforced, the release must clearly and unequivocally manifest a commitment by the invitee, knowingly and willingly made to pay for damages occasioned by the landowner’s negligence.  Id.  Therefore, exculpatory clauses seeking to indemnify a landowner against its own negligence must specifically and explicitly refer to the negligence of the landowner seeking to be released from liability.  As a result, Indiana courts have refused to release landowners from liability based on exculpatory provisions that are phrased in general terms.  Powell v. American Health Fitness Center of Fort Wayne, Inc., 694 N.E.2d 757, 761-762 (Ind. Ct. App. 1998).

Conclusion

If you were injured on someone else’s property it is always best to speak with an attorney who has knowledge of premise liability actions. Depending on whether you had invitee or licensee status while on the premises, you may be entitled to compensation for your injuries from either the property owner or the property owner’s insurance policy. For more information about this topic, or to schedule a free consultation, please contact the law office of Tate & Bowen LLP to schedule a free consultation.

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Bad faith on the part of ones insurance company can come about in a variety of ways.  The Indiana Supreme Court in Erie Ins. Co. v. Hickman, identified some of these ways, albeit not in an exhaustive list.  622 N.E.2d 515, 519 (Ind. 1993) (“The obligation of good faith and fair dealing with respect to the discharge of the insurer’s contractual obligation includes the obligation to refrain from (l) making an unfounded refusal to pay policy proceeds; (2) causing an unfounded delay in making payment; (3) deceiving the insured; and (4) exercising any unfair advantage to pressure an insured into a settlement of his claim.”).  Another scenario in which bad faith may arise is a refusal by ones insurance company to defend them.  There are many more scenarios in which a bad faith claim may arise, and if you feel that your insurance company may
have wronged you, contact Tate & Bowen LLP for a free consultation.

These obligations do not mean that an insurance company cannot, in good faith, deny or dispute your claim.  An insurance company’s denial or dispute of your claim needs to have a rational basis, even if the denial was made in error, unless significant errors are present.  A wrongful denial alone does not impute bad faith unless there was no rational basis. Recovery may be sought against your insurance company if they failed to act in good faith through compensatory and punitive damages, making recovery against your insurance company potentially in excess of the policy limits depending on the nature of your insurance company’s actions.

In addition to a claim of bad faith, there is a separate claim of breach of contract that may exist if your insurance company breaches your contract with them.  If you have a insurance contract, and
your insurance company breached it, whether through a denial of your claim or a refusal to defend you among other things, you may have a separate claim for breach of contract even if the insurers conduct did not equate to bad faith.  For assistance in determining whether you have a claim for breach of contract, contact Tate & Bowen LLP for a free consultation.

To schedule a free consultation, fill out our Free Consultation form, or call us at (317) 296-5294

DISCLAIMER: All information included in the above blog is solely for informational purposes. The information above does not create an attorney/client relationship and should not be interpreted as legal advice. Seek legal advice on the topic before relying on any information contained herein, as laws change and the information may be out-of-date.

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