wrongful death

Bill would allow recovery of attorney fees in all wrongful death actions

December 28, 2015
Marilyn Odendahl
A northern Indiana senator has introduced legislation to amend Indiana’s wrongful death statute to allow for surviving families to collect attorney fees.
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Court should decide if nephew is uncle’s dependent next of kin

October 26, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of the driver in a deadly car accident on the decedent’s nephew’s wrongful death action, finding questions exist as to whether the nephew is his uncle’s dependent next of kin.
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Appeals court reinstates South Bend police wrongful death suit

October 16, 2015
Dave Stafford
A wrongful death lawsuit filed on behalf of a man who died in the custody of South Bend police was reinstated Friday by the Indiana Court of Appeals.
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Justices: Survivors cannot recover attorney fees

October 7, 2015
Marilyn Odendahl
The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.
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Widow not entitled to attorney fees in wrongful death case

September 15, 2015
Marilyn Odendahl
Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.
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Award of attorney fees in wrongful death depends on existence of survivors

August 27, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy” to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.
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Gibson County sued over jail inmate’s death

June 25, 2015
Dave Stafford
The estate of an inmate who died in the Gibson County Jail last year has sued the county in federal court.
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INDOT not entitled to immunity in wrongful death action

June 10, 2015
Jennifer Nelson
The Indiana Department of Transportation failed to convince the Court of Appeals that it is entitled to discretionary function immunity under the Indiana Tort Claims Act in a wrongful death lawsuit brought by the estate of a construction worker killed while working on an interstate project.
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Justices reinstate med-mal suit against doctor in stillbirth

June 2, 2015
Dave Stafford
The Indiana Supreme Court reinstated a medical malpractice case against a Richmond doctor accused of failing to meet the standard of care in examining a pregnant woman whose child subsequently was stillborn.
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Court reduces attorney fees awarded to pay firm by $1 million

August 13, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday found that an estate of a man with dependents can recover attorney fees under the General Wrongful Death Statute, but the trial court erred in how it calculated the amount the law firm will receive.
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Denial of summary judgment affirmed in wrongful death case

July 30, 2014
Dave Stafford
A doctor and a South Bend healthcare facility must stand trial on a wrongful death claim, the Indiana Court of Appeals held Wednesday, affirming a trial court’s denial of summary judgment.
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Employee's auto accident on way home from business meeting not company's fault

July 25, 2014
Marilyn Odendahl
A company whose employee hit and killed another motorist after having dinner and drinks with a client is not liable because the employee was “going and coming” from work when the tragedy occurred, the Indiana Court of Appeals ruled.
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Justices agree amendment adding defendants was timely filed

July 21, 2014
Jennifer Nelson
The Indiana Supreme Court on Monday granted transfer to a case and adopted the Court of Appeals opinion in the matter involving a wrongful death claim stemming from a mower accident.
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Woman loses appeal over stillbirth medical malpractice claim

July 15, 2014
Dave Stafford
A woman who claimed medical malpractice contributed to a stillborn child failed to persuade the Indiana Court of Appeals that a trial court erred in granting summary judgment in favor of defendants.
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Justices reverse, reinstate wrongful death claim against nursing home

June 3, 2014
Dave Stafford
The estate of a woman who died in a nursing home after an attack by another resident may pursue a wrongful death claim, the Indiana Supreme Court ruled Tuesday. The family was initially told the woman suffered a fall but learned of the attack years later.
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Justices affirm judgment in favor of national fraternity in wrongful death action

May 29, 2014
Jennifer Nelson
A national fraternity assumed no duty to protect local chapter pledges and is not vicariously liable for the negligence of local chapter officers and representatives, the Indiana Supreme Court ruled Wednesday. The justices affirmed summary judgment for Delta Tau Delta in a wrongful death action brought by a deceased pledge’s family.
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Justices grant transfer in 2 wrongful death cases

April 8, 2014
Dave Stafford
The Indiana Supreme Court will consider whether attorney fees awarded as damages in wrongful death cases from the Indiana Patients Compensation Fund are subject to a 15 percent cap of the total reward. It’s one of two appeals justices accepted last week, both involving wrongful death cases.
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Timing of wrongful death claim disputed

December 18, 2013
Marilyn Odendahl
In a wrongful-death claim filed nearly five years after a nursing home death, the Indiana Supreme Court is considering whether in instances of fraudulent concealment the two-year limitation clock starts over or if giving plaintiffs “reasonable time” to file is an acceptable standard.
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Muncie church did not invade on grieving couple’s privacy

August 7, 2013
Marilyn Odendahl
A church that issued a press release and held a press conference following the sudden death of a baby boy was found to not have interfered with the parents’ reasonable expectation of solitude and seclusion. 
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COA clarifies jury issue in Richmond student death case

July 31, 2013
Dave Stafford
The Indiana Court of Appeals granted a rehearing in a wrongful death lawsuit filed against a public school corporation by the family of a student with Down syndrome who died after choking at school, refining a question to be presented to a jury.
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Family did have notice that expert pulmonologist was going to testify as pathologist

July 31, 2013
Marilyn Odendahl
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial. 
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Judges disagree on whether Rhode Island law applies in wrongful death case

July 25, 2013
Jennifer Nelson
A Court of Appeals judge dissented from her colleagues’ decision that Rhode Island law should apply in awarding a wrongful death settlement because she believed that the Rhode Island court would have found Indiana law applies.
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Question remains as to whether son is ‘child’ under Wrongful Death Statute

July 17, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of the defendants on two parents’ claims under the Child Wrongful Death Statute regarding their 21-year-old son who died in a car accident. The appellate court found a genuine issue of material fact as to whether the informal apprenticeship the son was participating in at the time of his death would be considered a vocational program under the CWDS.
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Complex wrongful-death legal fee appeal puzzles judges

May 28, 2013
Dave Stafford
Judges on a panel of the Indiana Court of Appeals were stumped at times Friday in a case regarding legal fees due from the Indiana Patient’s Compensation Fund to the estate of a woman who won a wrongful death judgment after she died from burns at a care facility.
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National fraternity not entitled to summary judgment in wrongful death case

May 8, 2013
Jennifer Nelson
The national organization of a Wabash College fraternity where a freshman pledge died after a night of heavy drinking is not entitled to summary judgment on the student’s parents’ claims arising from his wrongful death, the Indiana Court of Appeals ruled.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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