Articles Posted in Wrongful Death

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file000848537366-2 morguefile username claritaThe Supreme Court of Indiana has ruled that the statute of limitations may be tolled due to fraudulent concealment in a wrongful death case. In Alldredge v. Good Samaritan Home, Inc., a woman who was apparently prone to falls resided at an Evansville skilled nursing facility. In November 2006, the woman purportedly suffered a fall-related head injury at the facility and died as a result. Three years later, a former nursing home employee allegedly told the deceased woman’s family that she fell as a result of an attack by another facility resident.

In 2011, the woman’s estate filed a wrongful death lawsuit against the skilled nursing facility. In its complaint, the estate accused the nursing home of causing the woman’s death and fraudulently concealing the facility’s own negligence. The nursing home filed a motion to dismiss the estate’s lawsuit, arguing it was filed after the statute of limitations had run.  Normally, a plaintiff who fails to file a lawsuit with the appropriate court prior to the expiration of the applicable statute of limitations is permanently barred from recovery. The nursing facility also argued that a fraudulent concealment claim cannot toll, or extend, the statute of limitations in an Indiana wrongful death case.

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Death comes to everyone; of that there is no doubt. But sometimes death comes too early, at the hands of a negligent party. If a loved one has been taken before his or her time, a Merrillville wrongful death law firm can help protect your family from additional suffering due to the resulting financial difficulties.

It used to be that according to the law, if someone was killed by the negligent behavior of another, there could be no lawsuit. The only person harmed was now dead and could not file a lawsuit. This injustice led all 50 states to pass laws allowing the next of kin to file a suit against the offender. Indiana’s wrongful death statute was first adopted in 1852 and was most recently amended in 1998. The law allows for the recovery of reasonable medical, hospital, funeral and burial expenses, lost earnings and loss of love and companionship. The case must be brought within two years of the victim’s death and may even cover the death of an unborn child.

We know money can never make up for the loss of a loved one. But dealing with a death in the family is hard enough without having to fight in court to recover the expenses involved. If you have suffered a loss in the family, a good Indiana wrongful death attorney can offer you a supportive environment while aggressively fighting for your rights.