While no roadmap for grief works for everyone, some strategies can help you cope after this immense loss. It’s important to understand that grief is a natural healing process with no set timeline. Be patient and compassionate with yourself as you work through the complex emotions.

The Grieving Process

The grieving process encompasses a wide range of emotions that can come in waves or cycles. 

According to experts, some of the most common stages include:

• Denial and disbelief
• Anger
• Bargaining  
• Depression
• Acceptance

It’s normal and healthy to experience all of these feelings as you grieve. Try not to fight or suppress the emotions, as difficult as they may be. Acknowledging and feeling the pain is part of the healing journey.

Seek Support

One of the most important aspects of coping with loss is seeking support from others. 

The grieving process can be extremely isolating, so make an effort to stay connected with your network during this time:

• Lean on close friends and family members when you need to talk, cry, or just have company. Don’t go through this alone.
• Consider joining a grief support group, either locally or online. Sharing your experience with others who understand what you’re going through can help tremendously.
• If feelings of depression or anxiety become unmanageable, seek professional counseling. A therapist can provide healthy coping strategies.

Be Patient and Practice Self-Care

In addition to seeking external support, it’s crucial to be patient with yourself and practice self-care as you grieve:

• Don’t rush the process. Grief has no timeline, so allow yourself to feel and work through the emotions as they come.  
• Do things that are nurturing for your mind and body: exercise, spend time outdoors, read inspiring books, etc.
• While staying productive can provide a healthy distraction, also schedule time to rest when you need to recharge.
• Be conscious of your eating, sleeping, and other habits. Grief can take a physical toll, so prioritize your well-being.

Memorializing Your Loved One  

For many, finding positive ways to honor and memorialize their loved one can provide a sense of healing and peace. 

This could include:

• Creating a memorial item like a scrapbook, piece of artwork, or photo album celebrating their life.  
• Planting a tree or garden in their memory.
• Donating to a meaningful cause related to their values or interests.
• Participating in a commemorative event like a walk or run to raise awareness. 
• Starting a new tradition to carry on their legacy.

The legal process of filing a wrongful death claim does not diminish or erase the personal grief. However, it can provide accountability, access to helpful resources, and a sense that justice is being served for your loved one.

Pursuing a Wrongful Death Claim

If your family member’s fatal car accident was caused by another party’s negligence or misconduct, you may be able to file a wrongful death lawsuit and recover compensation for losses such as:

• Funeral and burial costs
• Loss of future income and benefits
• Loss of care, guidance, and nurturing
• Loss of love, companionship, and consortium
• Your emotional suffering and mental anguish  

An experienced car accident attorney can guide you through this process by:

• Investigating the accident and gathering evidence of negligence  
• Calculating the full extent of your family’s economic and non-economic damages
• Handling negotiations with opposing attorneys and insurance companies 
• Bringing a lawsuit to trial if a settlement cannot be reached
• Connecting you with helpful grief counseling services

While no amount of compensation can ever replace your loved one, holding those responsible accountable and recovering financial damages can provide a sense of closure and justice. It also ensures you and your family have access to helpful resources during this unimaginable time.

Get the Legal Help You Need from Crossen Law Firm

Coping with the loss of a loved one due to a tragic car accident is an incredibly difficult process. But by allowing yourself to feel the grief, seeking support systems, and exploring avenues for memorialization and legal recourse, you can find the strength to persevere. Have compassion for yourself and don’t hesitate to ask for help from professionals who truly understand.

To request information about seeking compensation after losing a loved one due to a car accident, contact the experienced car accident attorneys at Crossen Law Firm. We’ll ask about the details of your loved one’s accident and determine who was responsible. 

Our goal is to help you focus on remembering your loved one while we work to build a successful case for your compensation. Call 317-939-6800 for a free consultation or contact us online.

The post How to Cope with Losing a Loved One to a Car Accident appeared first on Crossen Law Firm.

Wrongful Death Claims

A wrongful death claim is a civil action brought against a person or entity responsible for the death of another individual due to their negligence or intentional harm. This type of personal injury claim aims to compensate the deceased’s surviving family members for their losses, including medical expenses, funeral costs, loss of income, and emotional pain and suffering. It is important to understand that wrongful death claims are separate from any criminal charges that may be filed against the responsible party.

Pecuniary Damages in Wrongful Death Cases

What are pecuniary damages in wrongful death cases? Pecuniary damages, also known as economic damages, refer to the financial losses the deceased’s family suffered due to the wrongful death. 

These damages can be categorized into the following categories:

• Medical expenses: These include the cost of medical treatment and care provided to the deceased before their death. Medical expenses may comprise hospital bills, doctor’s fees, prescription medications, and other healthcare-related costs incurred due to the injury that led to the wrongful death.
  
• Funeral and burial expenses: Funeral and burial expenses cover the costs of the deceased’s final arrangements, such as the funeral service, burial, or cremation. These expenses may vary depending on the family’s preferences and the arrangements made.
  
• Loss of income and earnings capacity: One of the most significant economic damages in a wrongful death case is the loss of the deceased’s future income and earning capacity. Factors like the deceased’s age, occupation, education, and projected career trajectory are considered to calculate this. This figure may include the deceased’s wages, benefits, potential promotions, and the value of any lost pension or retirement benefits.
  
• Loss of services and support: This refers to the monetary value of the services and support the deceased would have provided their family had they lived. It can include childcare, household chores, maintenance, and any other contributions the deceased would have made to their family’s well-being.

Non-Economic Damages in Wrongful Death Cases 

Wrongful death cases can result in significant emotional and psychological harm to surviving family members. Non-economic damages refer to the intangible losses suffered by the deceased person’s family members, including emotional distress, pain and suffering, loss of companionship, and loss of consortium. These damages are meant to compensate the family members for the emotional and psychological toll of the wrongful death.

Non-economic damages in wrongful death cases can vary depending on the circumstances of the case and the laws of the state where the case is being litigated. Some states place caps on the amount of non-economic damages that can be awarded in a wrongful death case, but Indiana does not unless the claim is against a government agency.

In addition to non-economic damages, surviving family members may also be entitled to economic damages such as lost wages, medical expenses, and funeral expenses. It is important to consult an experienced wrongful death attorney to determine the full scope of damages in a particular case.

Contributory Negligence

Contributory negligence is a legal term that refers to a situation in which the deceased person contributed to their death through their own negligent actions. In a wrongful death case, if the court finds that the deceased person was partially responsible for their death, the number of damages awarded to the surviving family members may be reduced.

For example, if the deceased person was involved in a car accident and was not wearing a seatbelt, the court may find that they contributed to their injuries and death. In this case, the court may reduce the damages awarded to the surviving family members to account for the deceased person’s negligence.

Pecuniary Damages Settlements

In some cases, the parties may be able to reach a settlement agreement without going to trial. A settlement is a negotiated agreement in which the defendant agrees to pay the plaintiff a certain amount in exchange for the plaintiff dropping the lawsuit. Settlements can be quicker and less expensive to resolve a wrongful death case, but working with an attorney is important to ensure you receive a fair settlement.

Recovering Pecuniary Damages with the Help of Crossen Law Firm

Damages for wrongful death can be complex and emotionally challenging to navigate. If you have lost a loved one due to someone else’s negligence, contact Crossen Law Firm today to speak with an experienced wrongful death attorney who can help you understand your rights and pursue the compensation you deserve.

With over 20 years of experience fighting for those who have lost loved ones at the hands of someone else’s negligence, we have the skills necessary and are dedicated to working tirelessly to get our clients the compensation that they deserve. 

Contact us today or give us a call for a free consultation at (317) 939-6800.

The post What Are Pecuniary Damages in a Wrongful Death Case? appeared first on Crossen Law Firm.

Three patients died while under the facility’s care from July 3rd to July 9th. Additionally, the South Bend police reported that the facility was plagued by violent crime and other events that endangered patients’ lives, including nine overdoses, a stabbing, two rapes, and a sexual assault. 

Praxis Landmark Recovery is now under investigation and is facing multiple lawsuits from former patients and their families. If you or a loved one suffered due to Landmark Recovery’s negligence, you can file a lawsuit against the facility to recover losses.

Here we are sharing the most recent updates in the Praxis Landmark Recovery case and how to regain compensation. Additionally, you can learn more about what steps to take against Landmark Recovery by contacting the Indiana wrongful death and medical malpractice attorneys at Crossen Law Firm. 

The Praxis Landmark Recovery’s Rescinded License 

With the many harrowing details surrounding Praxis Landmark Recovery, it’s no surprise that its license to treat patients was revoked. At the end of July, a few weeks after the three victims passed away, Indiana’s Division of Mental Health and Addiction (DMHA) gave an emergency order to nullify Landmark Recovery’s license. 

DMHA cited that the facility had failed to report serious events involving the police and that they neglected to report patient deaths promptly. While two victims died between July 3rd and 4th, the facility didn’t report the deaths until July 6th. Further, the facility didn’t report the death that occurred on July 9th until July 11th. This delay breaks a statute that requires medical facilities to report patient deaths within one business day. 

The order to revoke Landmark Recovery’s license also cited the facility’s blatant negligence in monitoring one of the deceased leading up to his death. The facility was supposed to check in on the patient every 15 minutes, but Landmark Recovery’s staff allegedly only checked in on him four times over the course of two days. 

The strange incidents also led the St. Joseph County coroner’s office to a court motion against Praxis Landmark Recovery. The motion demanded that Landmark Recovery release surveillance footage pertinent to the victims’ deaths. The judge approved the motion and ordered the facility to release the footage. The videos aren’t available to the public at this time. 

Praxis Landmark Recovery’s Attempt to Reopen

Although trouble for the Praxis Landmark Recovery continues to mount, including lawsuits and at least 97 former patients who were victimized, the facility requested for Judge Wendy Messer to restore its license. The facility noted that it would be unable to care for its remaining patients due to the closure, and it would also create financial strain for Praxis Landmark Recovery’s employees.  

The administrative law judge denied Landmark Recovery’s request and stated that the facility can’t reopen while it undergoes legal proceedings. She also noted that while local access to addiction treatment is critical, facilities must be safe. 

Right now, it’s unclear whether the Praxis Landmark Recovery of South Bend will ever regain its license. The facility’s future will depend on the results of the court proceedings. 

Recovering Compensation from Praxis Landmark Recovery

If you were victimized by Praxis Landmark Recovery due to its negligence and unsafe facility conditions, you can file a lawsuit to recover compensation. You also have the right to a wrongful death lawsuit if a member of your family died while in Landmark Recovery’s care. 

Praxis Landmark Recovery’s negligence may fall under what’s known as medical malpractice, meaning when a healthcare professional or facility fails to provide patients with sufficient medical care. If you suffered injury due to Landmark Recovery’s negligence or deliberate wrongdoing, you may be able to recover compensation for:

• Past and future medical bills
• Pain and suffering
• Emotional distress
• Lost wages
• Loss of future earnings 
• Compensation for legal expenses

If you lost a loved one due to medical malpractice, you may be able to recoup money for: 

• Funeral and burial costs
• Estate fees
• Medical bills leading up to the victim’s death
• Loss of a parent
• Loss of consortium
• Lost wages and potential wages 
• Compensation for legal expenses 

Call an Indianapolis Wrongful Death Lawyer Today

Crossen Law Firm is representing victims who were formerly patients at Praxis Landmark Recovery. If you lost a loved one or suffered harm due to Landmark Recovery’s negligence, please contact us today. 

Our firm is working diligently to hold Praxis Landmark Recovery accountable for its wrongdoing, and we’ll work to recover you the most money possible. Call us today at 317-939-6800, or you can contact us online here. 

The post Praxis Landmark Recovery Unable to Reopen During Legal Proceedings appeared first on Crossen Law Firm.

On top of these tragically lost lives, numerous other concerning events have occurred at the same facility. South Bend police report nine overdoses, two rapes, a sexual assault, a stabbing, and other incidents. The facility has since fired senior managers in response to the public outrage.

Do you have a loved one who was victimized or died at Praxis Landmark Recovery? If so, you can seek damages from the liable parties, including the staff, management, and facility owners. The incidents at Praxis Landmark Recovery may constitute a pattern of negligence and mismanagement. Contact the Indiana wrongful death attorneys at Crossen Law Firm to discuss your options.

New Information About Ongoing Investigations and Lawsuits

Police investigations are revealing new information about what’s been happening behind closed doors at Praxis Landmark Recovery since 2022. The public is also learning about security videos the facility refused to release until the coroner filed a lawsuit and gained access through a court order.

These reports and videos seem to show hazardous conditions and disturbing situations. Two of the deaths are attributed to overdoses while under the facility’s care. A third person likely committed suicide, although the investigation is ongoing.

A lawsuit claims other facility residents were sexually assaulted, and the facility’s staff failed to address the threats. Gina Koeneman, an attorney with Crossen Law Firm, told WANE 15 News that Praxis knew about these conditions and allowed them to persist.

Koeneman explained, “We are saying that Praxis had an unsafe condition on their premise and that there was a hazard that they knew of or should have known about and failed to mitigate to address those hazards and therefore created an unsafe space for these residents to live in at the time.”

The List of Potential Victims is Still Growing

Additional patients are sharing their stories describing unsafe conditions at the treatment facility. The number of potential victims recently increased dramatically bringing the total of former patients to 97 and counting.

Attorney Trevor Crossen from Crossen Law Firm represents a patient seeking compensation for endangerment, medical malpractice, negligence, and punitive damages. Crossen told 21 Alive News, “They go to this facility, give their trust to this staff and to this facility, and they were severely let down. They went in with one issue, and they came out with 15.”

Crossen Law Firm has a reputation for getting results for patients seeking compensation in wrongful death and hospital negligence cases. For example, the firm helped a patient secure a $1.25 million settlement after an Indiana hospital failed to diagnose a patient properly, which led to her death.

How to Pursue Compensation From Praxis Landmark Recovery

Indiana law establishes the right to claim wrongful death damages when you lose a loved one to a fatal incident involving medical malpractice. Malpractice occurs when a doctor, nurse, or other healthcare professional or facility fails to follow accepted medical standards, leading to an injury or death.

You may have a claim for wrongful death compensation or personal injury negligence compensation if your loved one died or suffered harm during their stay at Praxis Landmark Recovery. In Indiana wrongful death claims, a personal representative of the deceased’s estate may file a claim, and this person is usually the executor.

Potential wrongful death compensation may include:

• Estate fees
• Funeral and burial costs
• Legal expense compensation
• Loss of companionship and love
• Loss of a parent
• Lost wages and potential wages they would have made
• Victim’s medical bills and expenses prior to death

Contact an Indiana Wrongful Death Attorney

If you lost a family member or a loved one was injured, please contact Crossen Law Firm. We represent other Praxis Landmark Recovery patients and are familiar with the details of this tragic situation.

Crossen Law Firm helps Indiana residents recover the money they deserve. We work diligently to support our clients and maximize compensation. Start your claim today by calling 317-939-6800 or contacting us online here. 

The post Praxis Landmark Recovery Lawsuits Continue to Grow appeared first on Crossen Law Firm.

Recently, an addiction facility in Mishawaka, near South Bend, Indiana, called Praxis Landmark Recovery, reached national headlines after three patients passed away. The three patients died while under the facility’s care between July 3rd and July 9th, 2023, causing outrage and concern among the public and the rest of the facility’s patients.

In addition to these tragedies, the patients and staff in the facility have reported numerous incidents to the police and fire departments. The police stated that there have been at least nine overdoses, a sexual assault, two incidents of rape, and a stabbing, all in 2023 alone. These incidents reveal what may be considered a pattern of mismanagement and negligence in the facility. 

If you lost a loved one at Praxis Landmark Recovery or another medical facility, you have the right to seek wrongful death damages against whoever was at fault. This may include staff within the facility or the institution itself. If you have questions regarding wrongful death claims, you can contact the Indiana wrongful death attorneys at Crossen Law Firm. 

The Tragic Deaths at the Praxis Landmark Recovery Facility

Praxis Landmark Recovery is a 160-bed facility specializing in drug addiction. It’s a male-only facility and is the largest addiction treatment center in Indiana that accepts Medicaid. The facility is part of the Landmark Recovery company, and this particular location opened in 2022. 

While under the care of Praxis, two men overdosed and died. Another victim likely committed suicide, but the police are investigating his death. Since the tragic incidents occurred, numerous of the facility’s patients have left, many of whom cited safety concerns. Some patients stated that the facility struggled to provide medications promptly and that the facility’s security was lax enough for new patients to sneak in drugs. 

The facility has parted ways with its Executive Director and Nursing Director, and it’s no longer accepting new patients. Further, the St. Joseph County Police Department requested that Indiana regulators revoke the facility’s license to care for patients, as incidents have been an ongoing problem since the facility opened.  Then on July 28, the license for Praxis Landmark Recovery was revoked in Mishawaka, along with facilities in Bluffton, near Fort Wayne, and Carmel, near Indianapolis, by the Indiana Division of Mental Health and Addiction.

Wrongful Death Damages in Indiana

The horrible incidents that occurred at Praxis Landmark Recovery shine a light on the importance of wrongful death claims in Indiana. Wrongful death claims are meant to compensate family members after they lose a loved one, and people can seek these damages after fatal incidences of medical malpractice. 

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or medical facility, deviates from accepted medical standards and causes injury or death to a patient as a direct result. Those who died at Praxis Landmark Recovery were under the medical facility’s care. If a victim’s family can prove that the facility breached its duty of care to their lost family member, they may be able to recover wrongful death compensation.  

Who Can File a Wrongful Death Claim?

In Indiana, the only person who can file a wrongful death claim is the victim’s representative of their estate, also known as the executor. The only exception is if the deceased individual can be considered a child. In wrongful death situations, Indiana law defines a child as someone who: 

• Is under 20 and has no dependants or spouse
• Is under 23, has no dependents or spouse, and is enrolled in an educational program

If Indiana law technically considers the victim to be a child, their parent or legal guardian can file a wrongful death lawsuit. Otherwise, the personal representative of the victim’s estate must file to recover damages on the family’s behalf. 

Typically, the personal representative will also be a family member, but the victim could have named anyone to be their executor while they were still living. If the victim didn’t name a personal representative, the probate court will assign one. 

While it’s the executor’s responsibility to file wrongful death claims, the recipient of the damages will likely go to close family members. Those who get priority for these damages include:

• Spouses
• Dependent children
• Dependent next of kin

If the victim didn’t have a spouse, children, or dependents, the damages may go to the decedent’s parents or siblings. 

How Much Money Can I Recover in a Wrongful Death Claim in Indiana?

The amount of money that you can recover from a wrongful claim will depend on your specific damages. The types of damages you may be able to recover include:

• The victim’s medical expenses leading up to their death
• Funeral and burial costs
• The victim’s lost wages and the money they would have made in the future
• Loss of love and companionship
• Loss of a parent
• Fees associated with administering the estate
• Compensation for legal expenses when pursuing the claim

Contact an Indiana Wrongful Death Attorney

If you lost a family member due to another party’s negligence, you need to contact a wrongful death attorney, especially if the incident involved medical malpractice. Unfortunately, medical malpractice claims are complex, and it’s often incredibly challenging to prove that the negligent party was directly responsible for the victim’s death. 

Here at Crossen Law Firm, we help Indiana residents recover the money they deserve following a tragic loss. We’ll work diligently to prove your case and maximize your compensation. You can get started with your claim today by calling 317-939-6800, or you can contact us online here. 

The post Recent Deaths at Rehab Treatment Facility in South Bend Spark Concern appeared first on Crossen Law Firm.

If you’ve lost someone, recovering a wrongful death settlement can reimburse you for out-of-pocket expenses and compensate you for your loss. While no amount of money can truly make up for the loss of a loved one, a fair and just settlement can help the family move forward and begin the healing process.

A common question that many have regarding these damages is whether or not a wrongful death lawsuit settlement is taxable. In this blog, we’ll dive into types of wrongful death damages and answer the question, “Is a wrongful settlement taxable?”

Are Wrongful Death Settlements Taxable?

Whether or not you should expect to pay taxes after recovering a wrongful death settlement will depend on the type of damages you receive. In general, wrongful death settlements are not typically taxable at the federal level because the IRS doesn’t tax compensatory damages, meaning damages intended to reimburse victims. Unfortunately, there are some exceptions that we’ll discuss in detail below. 

Although the IRS will usually not tax compensatory damages, you’ll likely need to pay taxes on non-compensatory damages. 

What’s the Difference Between Compensatory and Non-Compensatory Damages?

Compensatory damages are intended to compensate the plaintiff for their losses, while non-compensatory damages (also called punitive damages) are intended to punish the defendant for their actions and to deter others from engaging in similar behaviors.

The IRS doesn’t consider compensatory damages as income, so you typically won’t need to pay taxes on damages that reimburse you and your family in some way. 

Some common forms of compensatory damages in wrongful death settlements include:

• Funeral and burial costs: The decedent’s family should receive compensation for expenses associated with the victim’s funeral and burial. 

• Medical bills: If the victim received medical attention before their death, their family should be able to recover money reimbursing them for all associated medical expenses. 

• Loss of income: If family members relied on the victim’s income, they can seek damages for their loss of financial support. 

• Loss of inheritance: Those seeking damages for lost inheritance may be able to recover the money that the victim would have saved and left for their family if they hadn’t died unexpectedly. 

• Pain and suffering: Refers to the physical and mental pain and suffering that the victim experienced before passing away or that of the surviving family.

• Loss of consortium: These damages compensate a victim’s spouse or partner for the loss of companionship. 

• Loss of a parent: Refers to the damages awarded to a victim’s family for losing the guidance and support of a parent. 

• Mental anguish: The victim’s family may be able to recover compensation for the mental and emotional suffering they face as a result of their loss. 

Punitive Damages

Unlike other forms of damages, punitive damages are meant to punish the plaintiff rather than compensate victims, and these non-compensatory damages are considered income. 

Let’s examine the example of a large company negligently releasing a hazardous product, such as faulty airbags. If someone dies as a direct result of the faulty product, the victim’s family may be able to recover wrongful death damages from the company. The judge may award the victim’s family with punitive damages on top of compensatory damages. These damages are meant to punish the negligent company and to dissuade other companies from engaging in similarly reckless behaviors. 

Punitive damages are far more rare than other forms of damages, and those seeking punitive damages must prove that the defendant was especially reckless or intentionally caused harm. 

When Do You Pay Taxes On Wrongful Death Settlements?

Although wrongful death settlement recipients usually do not need to pay taxes on compensatory damages, there are some important exceptions: 

• Tax Deductions: If you paid out of pocket for any medical bills and other expenses, you may have claimed a tax deduction. If you receive compensation for these out-of-pocket expenses, you will need to reimburse the IRS for your deductions.

• Accrued Interest: If part of your wrongful death settlement accrues interest over time, the IRS will likely consider that interest as income, meaning you will be responsible for paying taxes.

Contact a Wrongful Death Attorney

If you’ve lost a loved one due to another party’s negligence or deliberate wrongdoing, you need to do everything you can to ensure you receive the compensation you deserve, and you need to hold the responsible party accountable for their wrongdoing. 

You can greatly increase your chances of maximizing your settlement by enlisting the help of a wrongful death attorney, as they can help you gather and present evidence against the negligent party and can negotiate on your behalf. 

For a team of experienced wrongful death attorneys in Indianapolis, contact Crossen Law Firm. Call us today at 317-939-6800, or you can contact us online here. 

The post Are Wrongful Death Settlements Taxable? appeared first on Crossen Law Firm.

However, calculating these losses and expenses, otherwise known as “damages,” is not always easy. There is no set wrongful death compensation formula as every wrongful death case is unique because the damages can vary depending on who exactly is filing the claim, what they are entitled to, and who the deceased was.

To help you better understand wrongful death cases and what kind of money you could receive, we’ve put together this Indiana wrongful death damages guide. If you have further questions and need help with a wrongful death claim, don’t hesitate to get in touch with one of our Indiana wrongful death attorneys.

What are Wrongful Death Damages?

Wrongful death lawsuits deal with civil claims brought by the surviving family members or personal representatives of a person killed in an incident resulting from another party’s negligence. In Indiana, the law allows these family members or personal representatives of the deceased’s estate to recover compensation in the form of damages they may have suffered due to losing the loved one.

Who Can File a Claim for Wrongful Death Damages?

Who specifically is eligible to file a wrongful death claim and recover damages can vary from one state to the next. In Indiana, the law specifies that surviving family members or the person assigned as the personal representative of the deceased’s estate are eligible to file these claims.

The family members essentially become the beneficiaries of the deceased’s estate, and they can collect and split the proceeds of the damages among themselves. Specifically, such family members or dependents that are entitled to these wrongful death damages can include:

• The surviving spouse
• The surviving, dependent children
• A surviving next of kin dependent
• The parents, if the deceased was an unmarried adult without dependents
• Adult children of the deceased, if they were unmarried and without dependents
• The parents or legal guardian, if the deceased was a child
• The personal representative of the deceased’s estate, if they were an unmarried adult with no dependents or next of kin

What Damages Are Awarded in a Wrongful Death Lawsuit?

The Indiana wrongful death damages awarded can vary greatly based on many factors. The types of damages awarded can be affected by who filed the claim, what dependents, family members, or next of kin are eligible for compensation, who the deceased was, and what their income was.

Some examples of the various kinds of damages that can be collected in a wrongful death lawsuit include:

• Medical and burial expenses for the deceased
• Costs related to administering the estate
• Loss of wages and future earnings that would have been provided by the deceased
• Loss of life, care, and affection
• Loss of household services
• Loss of parental guidance
• Loss of future inheritance
• Loss of companionship
• Loss of the deceased’s retirement benefits

How to Calculate Wrongful Death Damages

When you file a wrongful death claim in Indiana, there is no way to come up with an initial amount upfront. Again, this is because there is no set way to calculate what the claim is worth without thoroughly taking all factors into account.

When you file your claim, you will need to work with a lawyer who can sit down with you to determine all of the specific damages that you or any other eligible dependents, family members, or next of kin are owed. There are also damage caps that must be taken into account, which will affect the final settlement amount awarded.

In Indiana, the damage caps for wrongful death lawsuits are as follows:

• $1.25 million cap for death caused by medical malpractice
• $300,000 cap for loss of love and companionship damages for a deceased, unmarried adult with no dependents
• $700,000 cap for death caused by a government entity

As you can see, many factors can play a role in what the final amount awarded will be. And your best chance of getting the full and fair amount you deserve is to work with an Indiana wrongful death lawyer who understands the intricacies of these types of cases and can carefully handle each and every detail.

Consult an Indiana Wrongful Death Lawyer for Help

Dealing with the trauma of losing a loved one is not easy. Let our team of Indianapolis personal injury lawyers at Crossen Law Firm help you handle your wrongful death claim. With over 20 years of experience fighting for those who have lost loved ones at the hands of someone else’s negligence, we have the skills necessary and are dedicated to working tirelessly to get our clients the compensation that they deserve.

Contact us today or give us a call for a free consultation at (317) 939-6800.

The post How Do You Calculate Indiana Wrongful Death Damages? appeared first on Crossen Law Firm.

The so-called “death train” doesn’t even travel very far. Its main route is between West Palm Beach and Miami, stretching 70 miles north to south along Florida’s east coast.

Despite widespread negative publicity since at least 2018, Brightline train deaths have continued. Paradoxically, during the same period, some public transportation advocates have stepped up their efforts to fund even more fast-moving trains across America.

For example, the High-Speed Rail Coalition has spent millions encouraging unions, businesses, and public servants to add high-speed trains to their urban plans. However, the largest proposed high-speed rail budget in history was recently cut from a U.S. climate bill.

Indiana’s Ongoing Train Death Crisis

While nationwide train deaths have decreased steadily since the 1970s, Indiana is an unfortunate exception. In a single year, Indiana typically has about 120 train collisions, 15 train deaths, and 45 train-related injuries. 

You might be surprised to learn that Indiana ranks #5 in the nation for train crossing and collision deaths. One reason is that, unlike many other states, Indiana has a large proportion of unguarded train crossings without safety bars or lights. It would be extremely expensive to upgrade all of these crossings statewide.

The Hoosier state also has many railroad tracks that cross through rural areas and intersect numerous county roads. This puts rural drivers right in the crosshairs of moving trains. It’s often hard to see trains moving through the countryside, particularly if the crossings are overgrown or poorly marked.

Imagine adding dozens more daily trains to these dangerous Hoosier crossings. America’s fastest trains can move between 150 and 220 mph, so a passenger car or pedestrian is no match for a train that passes through like a speeding bullet.

Personal Injury Claims After Train Accidents

Behind every train wreck is an untold story of suffering and pain. The details of these stories are disturbing, but they show the very real consequences of train collisions.

• A pedestrian is struck by a high-speed train and dies in the street. 
• A car moves past the crossing gate and collides with an oncoming train. 
• A train runs over a scooter rider and causes deadly injuries.
• A man is decapitated when a train runs over him right in downtown Hollywood.
• A Madison County, Indiana woman’s Jeep is struck by a train, killing her instantly. 
• A Wayne County, Indiana man dies when a train hits him and smothers him in grain spillage.

You’d be extremely lucky to survive any of these severe train accidents. The odds of losing your life are especially high if you’re a pedestrian, scooter rider, or motorcyclist whose body is fully exposed to the impact.

After a horrific train accident, an Indiana personal injury lawyer helps an injured victim or the family of the deceased. Your lawyer can explain the legal process, help you weigh your options, gain access to important documents, and secure vital evidence like video footage that supports your case. 

Train companies are big organizations with plenty of money and lawyers on their side. They’ll be working hard to avoid paying you as much as you deserve under the law.

Crossen Law Firm is here to represent you by standing up to the train company and anyone else who’s fighting your claim. We understand the devastating impact of a train accident on your life, so our goal is to ease your stress during this difficult time. We’ll offer you a free consultation so you can move forward as quickly as possible.

Train Injuries or Wrongful Death? Call Crossen Law Firm

If you or someone in your family has been a victim of injury from a Brightline train or any train in Indiana, our personal injury attorneys can help. Contact us at 317-939-6800 to schedule a free consultation about your case.   

The Crossen Law Firm legal team has the experience to handle complex and severe train wreck cases. We care about obtaining results for our clients, and we care about you on a personal level. We want to help you secure the compensation that you deserve.

The post Brightline Trains Linked to More than 60 Deaths Since 2018 appeared first on Crossen Law Firm.

An alarmingly high number of accidents, injuries, and fatalities are caused by drowning every year. According to the CDC, drowning is actually the third most common cause of unintentional injury deaths worldwide and the fifth most common cause in the United States. Children 14 and under make up an average of one in five of the more than 3,000 persons who perish in drowning accidents each year.

Among other things, being gravely hurt can be frustrating, especially if the accident was caused by someone else’s reckless behavior. Many things may be on your mind, including how long it will take you to recuperate and who will pay for your medical expenses. At the Crossen Law Firm, we put your recovery first. With over 20 years of expertise, our Indianapolis personal injury attorney has recovered millions of dollars for his clients. Allow our staff to pursue your just compensation with vigor.

Series of Drownings in Recent Years

Michigan is unfortunately not new to these tragedies over the past few years. As recently as this past September, 6-year-old Ryan Cross was a victim of accidental drowning at a Labor Day party on Madison Road. Investigators ruled the death an accident but questioned all 45 people in attendance at the Labor Day party.

In July of 2019, 17-year-old Washington High School student Ra-Hem Mason also fell victim to accidental drowning after going missing while swimming in Lake Michigan. Mason was last seen swimming in the lake on a Saturday and his body was found in Berrien County the following Thursday by a passerby. 

The likelihood of drowning is increased by a number of risk factors. Lack of swimming ability, supervision, and the presence of barriers prohibiting young children from entering swimming pools are examples of this. The easiest to reach are swimming pools in homes. Even in homes without kids, nearby kids can be aware of the pool and sneak in for a quick swim. Nevertheless, children might find the unfamiliar pool to be too deep to stand in, and without adult supervision, a child could easily drown.

Younger children’s unintentional drowning can be avoided with the right pool barrier. The CDC states that compared to three-sided fencing with access from the home, a pool protected on all four sides by fencing reduces a child’s risk of drowning by more than 80%.

When Is a Drowning Considered a Wrongful Death?

Many drowning deaths are tragic accidents. Children are extremely fast, and their small bodies can take on water in a matter of seconds. Sometimes teens or adults are enjoying a day of fun and horseplay may lead to an unfortunate injury or death in the water. 

Other instances, however, can be prevented and a negligent party could be at fault. This is when you may have a wrongful death case. Circumstances where negligence may cause a drowning include:

• Reckless behavior, including diving into shallow water, swimming while under the influence of drugs or alcohol, or slipping while running around a pool
• Facilities that are poorly maintained
• A drain opening catching onto a swimmer’s clothing, hair, or limbs
• Absence of fencing or barriers around a pool 
• Distracted, poor, or no supervision 

Contact an Indiana Personal Injury Lawyer Today

Making those accountable for the drowning can aid in preventing a future incident similar to this one. In order to spare other families the pain of an avoidable loss of a loved one, suing the irresponsible parties will serve as a warning to others that they should take swimming safety seriously.

The grieving family can seek monetary damages for their loss and ensure that the negligent party is held accountable by bringing a wrongful death case. Crossen Law Firm may be able to assist you if your loved one drowned and died as a result. Your skilled personal injury lawyers can guide you through the challenging procedure and fight for you. Contact Crossen Law Firm at 317-401-8262.

The post When Does a Drowning Qualify as a Wrongful Death Claim? appeared first on Crossen Law Firm.