Ruckelshaus Kautzman Blackwell Bemis & Duncan, LLP

Wrongful death in Indiana

2026-03-16T18:23:05Z

When a loved one tragically passes, those left behind often struggle to make sense of their loss. It is a profound emotional challenge to try and move on after the unexpected death of someone you love. Grief makes it hard for you to take care of yourself and those that depend upon you. In Indiana, those affected by the death of a loved one can sometimes take civil action against the party that negligently caused their loved one’s death. A wrongful death lawsuit brought by the representative of someone's estate could help surviving family members recover financial losses suffered because of the wrongful acts or negligence of the responsible party. Both businesses and individuals can be impacted by wrongful death suits under Indiana law. Legally, a wrongful death occurs when a person dies because of the misconduct, neglect, or negligence of another party.

The costs associated with the death

When someone dies, there will usually be several large bills associated with their passing. Often, people require medical care before they succumb to an injury or illness. In addition, they might leave their family members with tens of thousands of dollars in medical bills and other outstanding debts that need to be settled. Depending upon the status of the person(s) who lost a loved one, the following damages may be recoverable by the Estate of the deceased person for the benefit of their surviving family members:

Reasonable medical and hospital expenses
Reasonable burial expenses
Earnings of the decedent and value of future support
Decedent’s pain and suffering
Punitive damages
Grief of survivors
Loss of love, care, and affection
Loss of child’s love and affection
Loss of services
Loss of love and companionship
Loss of parental guidance of children
Reasonable cost of counseling incurred by surviving parent, sibling, or child
Child’s uninsured debts
Costs of administering the Estate
Reasonable attorneys fees for bringing the wrongful death lawsuit

Future losses your family will suffer

The bills your family accumulated because of the loss of a beloved family member are far from the only costs. You will lose out on a lifetime of your loved one's income. That includes increases in income in the future due to career advancement and benefits they could have supplied to the family if they had survived. A lawsuit against the party responsible for a loved one’s death will not bring them back, but pursuing a wrongful death lawsuit against the responsible party can provide crucial and valuable financial compensation to your family. The statute of limitations (or deadline) to file a wrongful death lawsuit in Indiana is 2 years from the date of death. The law is designed to protect persons that have lost a loved one due to the wrongful acts of another to provide financial compensation to surviving family members to help ensure a secure future.

Contact a Wrongful Death Attorney

If you have a loved one who passed as the result of someone’s wrongful act, please contact the attorneys at Ruckelshaus Kautzman Blackwell Bemis & Duncan, LLP . The attorneys at RKB will help you and your family put the pieces of your life back together.

Three tips to help ease the stress that comes with divorce

2026-03-16T18:23:13Z

Divorce is a legal process that results in the end of a marriage. Although this definition is accurate, it does not fully embody the truth of divorce. It is more than just the end of a legal contract; it is the end of a personal relationship. Those who are moving forward with a divorce can benefit from taking action to protect their interests during the divorce process. The following tips can help.

#1: Know what you want.

It is a good idea to step back and take a look at your life before you move forward with the divorce. Which assets are important to you? Do you have children? If so, what do you want for them? Get an idea of what you want to keep after the marriage and what you are comfortable leaving behind. Perhaps you are interested in keeping the family home. If so, offering to trade another valuable asset can increase the odds you get the asset you want. Business interests, another piece of property or a larger share of retirement assets are some examples.

#2: Know your options.

Gone are the days when those going through divorce had only one option. Although traditional litigation is still available and frequently used, it is not the only option. Alternative dispute resolution options like mediation and arbitration are two examples that can provide more control. Instead of depending on the court to finalize your divorce settlement agreement, you can meet with a neutral third party and negotiate the agreement on your own terms. If the divorce is amicable, this can be a great option. If not, traditional litigation may still be best.

#3: Take a moment to prepare.

Do not go into the divorce unprepared. Gather information about the marital assets and debts. If children are present, put together an outline of their days, needs and interests along with how you can best help them have a healthy upbringing. It is important to keep in mind that although you are ending your personal relationship with your spouse, the parental relationship will remain. If possible, try to come up with an arrangement that provides the children with time with both parents. It is also important to point out that you do not need to go through this process alone. It is a good idea to put together a team to help you reach your post-divorce goals. This group can advocate for your interests throughout the divorce process and could include a financial advisor, counselor, and legal representation.

Study: Car ‘safety’ systems can lead to distracted driving

2026-03-16T18:23:19Z

Automakers continue to offer partially autonomous driving systems that affect a vehicle’s speed, braking and steering. While manufacturers tout the safety benefits of these systems, researchers say “not so fast.” A recent investigation by the Insurance Institute for Highway Safety (IIHS) shows some of these systems may be lulling drivers into a false sense of security and encouraging distractions while they’re behind the wheel.

Research focuses on two automated systems

The IIHS teamed with the Massachusetts Institute of Technology to gauge these systems’ effects on driver behavior and safety on the highway. Researchers focused on two systems:

Adaptive cruise control: Models using ACC maintain a specified following distance depending upon the location of the car in front, automatically adjusting the vehicle’s speed.
Lane-centering tech: When LCT is engaged, the vehicle alerts the driver when they are in danger of wandering into another lane, and some systems adjust the car’s path.

As with other semi-automated technology, neither of these systems are meant to replace the need for the driver to be completely engaged.

The study found disturbing changes in driver behavior

During the 30-day test period, 20 volunteers were split into two groups. Ten people drove a Range Rover equipped with ACC. The others drove a Volvo with Pilot Assist, which combines ACC and LCT. Researchers reported these key takeaways:

At first, drivers showed no changes in engagement levels, keeping their attention focused on driving
By the end of the month, drivers were twice as likely to be distracted and take their hands off the wheel and their focus away from the road
Compared to driving without these systems engaged, drivers were 12 times more likely to take both hands off the wheel when using LCT
Participants driving the Range Rover with ACC were less likely to become distracted than those driving the Volvo with Pilot Assist
Many drivers took their eyes off the road when these systems were in use, checking their cellphones or adjusting the radio and other controls on the vehicle’s console

Researchers urge automakers and regulators to take action

The IIHS drafted a list of recommendations, such as carmakers adding warning systems that alert drivers when their focus wanders. They also note that, unlike some European nations, the U.S. has not developed any standards or rating systems to assess these devices’ capabilities and risks.

Ruckelshaus Kautzman Blackwell Bemis & Duncan, LLP

If you are injured as a result of an automobile collision, call the experienced lawyers at RKB. We can discuss your potential claim as well the issues relating to driver negligence and manufacturer product liability.

How does Indiana determine physical custody?

2026-03-16T18:23:26Z

When going through the divorce process, you’ll soon find yourself pondering the impact on your children. For example, you’ll wonder what you can do to obtain physical custody of your children. While there is no way of knowing exactly what will happen during the divorce process, there are things you can do to maintain a high level of confidence. Above all else, educate yourself about the family law system in Indiana, which will help you better understand how physical custody is determined. In Indiana, as well as many other states, the person who receives physical custody is based primarily on what is in the best interest of the child. This is subjective, to a certain degree, but the court takes a variety of factors into consideration, such as the age of the children, your children’s feedback to the court and the mental and physical health of each parent. What about legal custody? While physical custody outlines where your children will live after divorce, legal custody is something entirely different. Legal custody refers to who will make major life decisions on behalf of their children, such as those related to education, religion, extracurricular activities and medical care. What is parenting time? Physical custody may be what you’re after, but if things don’t work out this way you still have legal rights. For instance, you can obtain parenting time rights with your children, therefore allowing you to spend a good amount of time with them. Should you gain parenting time rights, it’s important to work out a schedule with your ex-spouse. This will ensure that you’re on the same page regarding the schedule of when you’ll see your children... Regardless of whether you have physical custody or not, a parenting plan could be helpful. This gives both parents something to lean on while co-parenting after divorce. As long as you follow the parenting plan in full, you never have to worry about violating a court order. It is important to understand how Indiana determines physical custody, as this will allow you to prepare accordingly, protect your legal rights and hopefully get what you want in the end.

What should you do after an automobile accident?

2026-03-16T18:24:03Z

In the moments and minutes immediately after a car accident, you might not realize the severity of your injuries. An auto accident is a tremendously jarring experience, and when shock sets in, you might not experience the pain and trauma from an injury until that shock wears off. In these first moments, it is vital that you assess your situation, the injuries to you and any passengers, and your orientation on the road or an adjacent area to determine whether that position presents an immediate hazard. You should call 911 as soon as possible to dispatch the police and emergency services to your location while you attend to the pressing needs of anyone injured. For injury and damage claims, it is essential that, if you are able, to document as much of the accident as you can.

How can I document an accident?

Most drivers have smartphones these days, which come in handy not only for calling emergency services and pinpointing your exact location but for taking photos and video of the aftermath of a car accident, including damages and injuries. In addition to pictures and videos, you should make note of any other scene or witness information. The responding officer’s police report is also incredibly important to establish the circumstances of the accident.

If I don’t feel injured, should I go to the hospital?

You usually need to seek medical attention immediately after an accident. This hospital visit will highlight any injuries present, as well as those that might arise in the days and weeks following the accident. Some severe injuries, like some forms of traumatic brain injury (TBI) and muscular injuries, may not present themselves for some time. Your medical records are an integral piece of evidence in establishing the severity of your injuries and the kind of compensation you’ll need for future treatment.

Who is at fault in an auto accident?

Indiana is one of the few at-fault states when it comes to insurance claims and compensation for damages. This distinction means that after an accident, you can seek compensation with the other driver’s insurance company. The at-fault party can be sued for damages, and liability can be allocated as a percentage of both driver’s share of fault.

What compensation can I claim after an accident?

The injured party can claim damages to their vehicle, property inside that vehicle, medical expenses, projections for future treatment (of injuries they incurred in the accident), lost wages (from the time spent recovering and any disabilities that may prevent a person from returning to work), and certain ‘pain and suffering’ compensation.

Who evaluates my degree of compensation?

An insurance adjuster for the at-fault party will assess the amount of damages to your vehicle as well as any medical expenses and other damages that should be covered. The other driver's insurance adjuster has an incentive to make the lowest reasonable estimate possible, which is why an attorney advocating your interest is most often necessary to make sure your compensation is fair and accounts for the damages you’re entitled to. In some car accidents, fault is obvious and will be reflected as such in a police report, though in many cases, the variables involved are not so visible. If you received injuries and damages that could affect your livelihood, health and personal life, you’ll need an attorney with experience in personal injury law to explore the options available to you. Feel free to call our office to discuss your concerns.