John J. Malm & Associates Secures $300,000 Wrongful Death Settlement

The attorneys at John J. Malm & Associates, along with our Indiana co-counsel, recently represented the family of a young man who tragically lost his life while changing a tire on an Indiana expressway at night. Despite the profound emotional toll on the family, Indiana law imposed limitations on the recoverable damages. Nevertheless, we successfully secured a $300,000 settlement—the maximum allowed under Indiana’s Adult Wrongful Death Statute—providing some measure of justice for the family’s immeasurable loss.

The Incident: A Routine Task Turns Tragic

The young man was traveling through Indiana when he experienced a flat tire on the expressway. As he attempted to change the tire on the shoulder, he was struck and killed by a passing vehicle. The incident occurred at night, a time when visibility is reduced, and drivers may be less attentive.

This tragedy underscores the dangers faced by individuals who find themselves on the roadside. According to the National Highway Traffic Safety Administration (NHTSA), being on the roadway, especially at night, significantly increases the risk of serious accidents. Poor visibility, driver fatigue, and high-speed traffic contribute to the heightened danger. NHTSA emphasizes the importance of safety precautions when dealing with vehicle issues on the road, especially when late at night.

Legal Challenges Navigating Indiana’s Wrongful Death Statute

Indiana’s wrongful death laws presented significant challenges in this case. Under Indiana Code § 34-23-1-2, damages for the wrongful death of an unmarried adult without dependents are capped at $300,000 for loss of love and companionship. Additionally, claims for lost earnings are not permitted in such cases.

These statutory limitations meant that, regardless of the family’s profound grief and the young man’s potential future contributions, the recoverable damages were strictly confined. This contrasts with Illinois law, where wrongful death damages are not subject to such caps, allowing for more comprehensive compensation based on the circumstances.

Our Approach: Advocating Within Legal Constraints

Understanding the legal constraints, our team worked with Indiana co-counsel and focused on building a compelling wrongful death case within the parameters set by Indiana law. We gathered evidence to demonstrate the close and meaningful relationship between the deceased and his family, a necessary component for recovering damages under the statute. This included personal testimonies, photographs, and accounts of shared experiences that highlighted the depth of their bond.

We also addressed potential defenses related to the nighttime conditions of the accident. By consulting with accident reconstruction experts and analyzing traffic patterns, we established that the young man had taken reasonable precautions and that the driver who struck him failed to exercise due care.

Outcome: Achieving the Maximum Settlement

Through diligent advocacy and strategic negotiation, we secured a $300,000 settlement for the family—the maximum allowable under Indiana’s Adult Wrongful Death Statute. While no amount of money can compensate for the loss of a loved one, this settlement provided the family with a sense of justice and the means to cover funeral expenses and other associated costs.

Reflecting on the Broader Implications of Fatal Car Accidents

This case highlights the disparities in wrongful death compensation across state lines. Families in similar situations in Illinois might have access to more substantial recoveries, reflecting the full extent of their loss. The limitations imposed by Indiana law can leave grieving families feeling that justice is incomplete.

Moreover, the case serves as a stark reminder of the dangers faced by individuals on the roadside. It underscores the need for increased public awareness and driver vigilance, especially during nighttime hours. Simple measures, such as reducing speed near stopped vehicles and staying alert, can prevent such tragedies.

Why Choose John J. Malm & Associates for Your Wrongful Death Case?

At John J. Malm & Associates, our team of six Illinois award-winning injury attorneys brings over 90 years of combined experience in personal injury law. We are committed to providing compassionate and effective representation to families dealing with the aftermath of tragic accidents. Our deep understanding of state-specific laws enables us to navigate complex legal landscapes and advocate for the maximum compensation available.

Contact the Top-Rated Illinois Fatal Car Accident Lawyers at John J. Malm & Associates

If you have lost a loved one due to another’s negligence, it’s crucial to understand your legal rights and options. Contact John J. Malm & Associates for a free consultation. We are here to help you through this difficult time and ensure that your family’s rights are protected.

Call us at 844-MALMLAW or fill out our online contact form to schedule your free consultation.