Who is Responsible for a Wrongful Death From a Premises Liability?
By: Jeffrey Shaw, Esq.
Published: August 30, 2019
The landowner or business owner could be responsible for causing or contributing to the wrongful death of a loved one under Indiana law.
An Indiana premises liability accident can cause numerous different types of severe injuries. But what happens if a person is fatally harmed because of a premises liability accident? Can the family members proceed?
The answer is “yes.”
Family members can bring the claim or lawsuit for the estate of the deceased individual. Damages that are recoverable depend upon the status of the deceased person upon his death and whether he had any dependents under Indiana law.
Many deaths that happen on another’s property are preventable if simple safety rules had been followed including appropriate warning signs or the removal of the hazard itself.
A slip and fall or trip and fall incident where a person strikes his or her head, for example, could be enough to cause fatal injuries. The brain is a very fragile organ and brain bleeds, if not detected early, can cause death.
What’s Involved in Bringing a Legal Claim for Wrongful Death From a Slip and Fall in Indiana?
Firstly, it is important to understand that you have a limited period of time in which to file a death by premises liability lawsuit in Indiana.
This “statute of limitation” is generally two years in Indiana, but can be as short as 180 days if the death was caused or contributed to by a governmental entity in Indiana.
The sooner that you begin to gather evidence and present it directly to Attorney Jeff “JJ” Shaw, the easier it will be to set yourself up for success, for maximum recovery of compensation in settlement or in litigation.
Attorney Jeff “JJ” Shaw had his first wrongful death trial over 25+ years ago. He will explain to you all of the different aspects of filing a claim and how to minimize the obstacles that you encounter over the course of filing. It is very difficult for family members to put the unfortunate loss of their loved one behind them after a premises liability accident. Attorney Jeff “JJ” Shaw is a warm, caring individual who can help assist you during this awful time.
A premises liability lawsuit can allege that the owner or manager of the property had a responsibility to remove a hazard or to place inappropriate warning sign near the hazard to decrease the chances of critical injuries.
When this did not happen, the burden of proof falls to the surviving family members to gather relevant evidence that shows that a dangerous condition existed, that the property owner was aware of it or had reason to know about it, and that the failure to warn about or to remove this particular obstacle led to the death of a loved one. Gathering evidence and using expert witnesses and other individuals in preparing a compelling claim is essential for maximum recovery. This requires an experienced liability lawyer like Attorney Jeff “JJ” Shaw and Shaw Law Offices.
Many different types of compensation are available to family members who are successful in a death by premises liability lawsuit. But this information must be collected and organized sooner rather than later.
A death caused by premises liability lawsuit is a very emotional and challenging process for surviving loved ones but the support offered by an attorney like Jeff Shaw can ease the pain and problems typically associated with managing a lawsuit like this. Schedule a consultation today if you have already lost a loved one.