Indiana Wrongful Death Legal Questions

Dear Anonymous, My condolences to you and your family for the loss of your son.  Your question raises several issues that will require a skilled personal injury/wrongful death attorney.  If multiple drivers and or shooters were involved, there could be multiple insurance policies that may offer coverage.  However, assuming there was insurance, it is likely that the insurance companies will want to deny coverage as a shooting could be considered an "intentional act," and thereby excluded from coverage. Given the multiple issues presented by your son's untimely death, I would suggest that you call me and we can discuss the case in more detail.  I will be happy to give you a free evaluation of what you might expect if you were to pursue a lawsuit. Very truly yours, Chip Clark ... Read Answer

Dear Anonymous,   Whether there is a viable claim for your father's wrongful death is going to depend on the specific facts of how the fire started.  If there is evidence that the homeowner was negligent, then there likely would be a claim.  A finding of "undetermined" is quite common, but it does not necessariy rule out possible causes.  I would be happy to discuss the details of this with you if you would like to give me a call at your convenience.  There is no charge for the consultation, and if we were to accept the case, it would be on a contingency fee basis, meaning you only pay if we are able to settle the claim, or win at a trial.   Chip... Read Answer

Dear Anonymous,   I do not have enough information to know whether or not there could be a case for wrongful death against the Wabash County Jail.  Here is some general information about injuries or death of prisoners in Indiana.  If you have specific questions about your case, you can contact our firm for a free consultation.   Very truly yours,   Chip Clark... Read Answer

Dear Anonymous, If your son was drinking at someone's home, and they allowed him to become intoxicated and then drive a vehicle, they may be responsible for his death.  The law in Indiana is known as Dram Shop Act, and applies to commercial businesses such as bars and restaurants, as well as individual homeowners.  You may very well have a claim against your son's girlfriends' parents which may be covered by an insurance policy.  These cases require an experienced wrongful death attorney, as there can be very complex questions about insurance coverage, as well as toxicology.  If you have questions, please feel free to contact me for a free case evaluation.... Read Answer

Dear Anonymous, When discussing jury verdicts for wrongful death cases, there are no guarantees that a jury will award any amount of damages.  In fact, juries can, and frequently do, award no damages in wrongful death cases.  In your particular case, Indiana's Comparative Fault Act would apply. This requires a jury to apportion fault between the parties (and any named non-parties).  Therefore, if a jury were to find that your husband was more at fault than the other driver for causing the accident, the jury would have to give an award of zero damages, which would mean a victory for the defendant.   The fact that your case has been going on for over 2 years is also not uncommon.  There are many things that can delay getting a case to trial, many of which may be out of the control of the attorneys involved in the case.  If you have specific questions about your case, you should ask your attorney.  If you are not represented by an attorney, I would strongly encourage you to hire an attorney that is experienced in handling wrongful death lawsuits in Indiana. Very truly yours, Christopher E. "Chip" Clark  ... Read Answer

You have not presented me with enough information to make a determination whether a crime has been committed or not, but depending on where this occurred and what type of influence was placed on the friend who died, there could be civil liability.  This sounds like a stupid bet that ended in a horrible tragedy.  Kids need to understand the dangers of huffing or otherwise ingesting harmful household chemicals.  I am saddened for this family.  ... Read Answer