When catastrophic injuries lead to wrongful death, you might be entitled to compensation through a wrongful death claim. Our Indiana wrongful death attorneys can walk alongside you through the challenging process.
Lifting Apparatus Fall | Wrongful Death/Workers’ Compensation
Wrongful death settlement for a 39 year old man killed when a lifting apparatus fell on him while he was working within the course and scope of his employment. While there was a significant dispute over whether the decedent failed to place pins in the apparatus, leading to the apparatus falling, the Plaintiff was able to demonstrate that within days after the accident the Defendant had come up with a new design, which did not require the use of pins. The defense argued this was a subsequent remedial measure and, therefore, inadmissible; however, Boughter Sinak, LLC argued that it was, in fact, admissible to show the feasibility of the design concept. The Decedent was a Mexican national and being fluent in Spanish Mr. Boughter was able to communicate with the decedent's family in Mexico, which helped facilitate a fair and timely resolution of the family's claims.
Construction Site Fatality | Wrongful Death/Workers’ Compensation
Settlement in a wrongful death construction case. While working within the course and scope of his employment, a heavy equipment attachment fell on the decedent striking him in the head causing his untimely demise. Boughter Sinak, LLC sued the general contractor, alleging that it failed to monitor the safety of its sub-contractors, which contributed to the accident. While the majority of the fault was likely to be attributed to the employer and there was a serious dispute over whether the claims would be dismissed as a matter of law, Boughter Sinak, LLC was still able to negotiate a successful resolution of the case, which enabled the decedent's two children to receive compensation to help with their future life endeavors. Prior to retaining Boughter Sinak, LLC, another attorney had declined representation of the family given the difficulty of the case and the unlikelihood of any recovery.
Boughter Sinak, LLC was retained by the family of an elderly woman who died as the result of suffering a subdural and subarachnoid hematoma due to an alleged fall at a nursing home. Her family was not told of the fall, which caused an egg-sized hematoma on the back of her head. She was rushed to the hospital with slurred speech and facial drooping. Nursing home administrators later told the family that the decedent died of a stroke. Boughter Sinak, LLC investigated the facts and circumstances surrounding the death and determined that another resident with Alzheimer’s assaulted the elderly woman. The nursing home denied any wrongdoing; however, it was established that the nursing home failed to take reasonable precautions to prevent the subject attack.
Motorcycle Passenger Fatality
Recovery for the Estate of a young woman who was tragically killed while a passenger on the rear of a motorcycle that was struck by an automobile. Significant insurance coverage issues existed, including whether the Estate was entitled to coverage under an umbrella policy, which provided for One Million Dollars. After extensive research of the coverage issues outlined in a memo to the insurer, the insurer for the umbrella policy tender its limits along with all other insurers who tendered combined additional limits of $400,000.00.
Surgery Resulting in Death
Recovery for the Estate of a woman whose vehicle was involved in a trucking accident. Client sustained a neck injury and after conservative treatment failed she underwent neck surgery. Unfortunately, the client suffered a dire complication following surgery, which was a known risk of the surgery that eventually led to her death. Liability was seriously contested, especially in light of the fact that there was little property damage to the client’s vehicle. The defense argued that an accident with so little damage could not have possibly led to such a catastrophic injury. Nonetheless, through expert medical testimony, Boughter Sinak, LLC was able to establish causation linking the trucking accident to the neck injury and surgery. In addition, Boughter Sinak, LLC presented a compelling video of the decedent’s widower, friends and the testifying medical expert.
Mistreatment & Death of Inmate | Jail Death/Police Brutality
Settlement against the Allen County Sheriff's Department for the wrongful death of an inmate who died as a result of the jail staff's failure to monitor and treat delirium tremens (severe alcohol withdrawal). At the time the lawsuit was filed, it was believed that the decedent died as the result of blunt force trauma resulting in a brain hemorrhage. However, after extensive discovery, including obtaining the jail's medical records and consulting with a medical expert, it was later determined that Plaintiff died as the result of a massive stroke due to the failure to treat Plaintiff's severe alcohol withdrawal. This is believed to be the largest settlement ever against the Allen County Sheriff.