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Wrongful Death.


Working with Hausmann-McNally lawyers allows you to focus on your healing and leave the legal details to the professionals. Our attorneys have obtained hundreds of millions of dollars in settlements and verdicts for clients in some of the most challenging and successful personal injury cases. We bring to your case many years of cumulative lawyer experience.

Our attorneys are highly respected members of the American Association of Justice. Their legal training includes top universities and law schools in addition to many professional development courses. As our attorneys have earned the prestigious Martindale-Hubbell®'s AV®-rating, our clients have come to expect to receive a high level of professional service and a thorough execution of their case.

In addition to our professional credentials, we are a firm that cares about our clients. Hausmann-McNally, S.C. is large enough to handle the most complex personal injury cases, but small enough to care about each and every client.

We specialize in personal injury and wrongful death.

Our firm provides our clients with the highest level of professional assistance. These are not just words, but the value that drives the attorneys, paralegals and other professionals in the organization. We are dedicated to obtaining financial justice from the parties responsible for your losses and protecting you and your emotional well-being during stressful times.

We recognize that each client is important and that the outcome of your case seriously affects your future. For that reason, we believe in being prepared, working hard and smart, staying focused and maintaining close relationships.

Much of our personal satisfaction comes from earning the trust and confidence of our clients; the value in treating every person with the dignity and respect they deserve; and, the good coming from the financial security we recover for our clients and their families.

This philosophy guides how we work with clients and, we believe, is the reason our firm has grown substantially in the past 35 years.

Wrongful Death FAQ.

Q. Who may file a wrongful death claim?

A. Generally speaking, a surviving spouse, child and/or parent can sue for wrongful death of a loved one. Each state has established specific rules on who may file a claim.

Q. How soon after the death does the claim have to be filed?

A. The statute of limitations in the state where the death occurred establishes the final date on which the case must be filed. However, filing requirements are different in certain specific situations. For example, the time allowed is dramatically shorter if governmental agencies are being sued.

Q. How important is it to talk to an attorney?

A. Because the laws governing wrongful death are complicated and confusing, it is extremely important to work with a law firm that understands not only the basic law, but also explores the many avenues of potential recovery possible in your case.

Q. What does a wrongful death lawsuit involve?

A. A wrongful death lawsuit alleges that the deceased was killed as a result of negligence, neglect or wrongful action of the defendant and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant’s conduct.

Q. What kind of damages may a relative sue for in a wrongful death case?

A. There are three types of damages available to survivors in a wrongful death lawsuit. There are the economic damages which are based on the case your attorney makes for the financial losses and loss of services suffered because of the death of this individual. There are also non-economic losses that include the loss of love, companionship, affection and nurturing. A third type of compensation–punitive damages– are sometimes awarded to the survivors in cases where the court or jury wants to further punish the defendant for intentional and, in some instances, extremely outrageous, willful and wanton conduct, and send a message to others that this should never happen again.

Q. How do judges and juries determine the value of economic loss?

A. Economic loss is based on the facts brought forward to determine what burial, funeral and medical expenses resulted from the death and what the deceased would have earned or accumulated had he/she lived a normal life span. This is often a very complex calculation. The courts take into consideration the age of the deceased, the condition of the deceased’s health prior to the accident, his/her earning capacity and prospects for earning at the time of death. They will try to determine what kind of assistance and services he/she would have rendered to the family, the age and needs of the children and many other factors including the wealth he/she might have accumulated during a normal life span. It is important for the survivors’ lawyer to make the case—often with the help of expert witnesses—on verifiable economic losses to the family.

Q. How do judges and juries determine the value of a non-economic loss?

A. The personal losses suffered after a wrongful death incident are incalculable, yet the courts seek to determine a sum that would compensate the family for their tragic loss. It requires legal skill and effort to help the court understand the desolation that follows a wrongful death. There are many variables in how these damages are determined, and it is important that your attorney make a solid case for the all the non-economic losses suffered—your loss of companionship, nurturing, love and affection, in addition to the emotional stress, pain and suffering, mental stress and inconvenience experienced.

Q. Are there different considerations in cases involving the death of a child?

A. In the case of a child’s death, your attorney will draw on all the means available to show the court what this death means to the family in terms of loss of companionship, love and affection.

Q. What is the difference between the civil and criminal cases that can be brought regarding the death?

A. Even if the party at fault could not be convicted in criminal court, the standards for proof are different in civil court—where wrongful death actions are filed. A good example is the O.J. Simpson case where on Oct. 3, 1995, Simpson was exonerated in a criminal trial charging him with the murder of his wife and her friend. He was later sued by the victims’ families in civil court where on February 4, 1997, the court awarded the families of Nicole Brown Simpson and Ron Goldman $33.5 million.

Q. Can I bring a wrongful death action if the deceased never held a job—for example a stay-at-home mother?

A. Yes. The “value” of the deceased in terms of damages in a wrongful death case is determined using economic and non-economic measures. When a caregiver dies, the family suffers a loss of service, which can be quantified in economic terms because they now may have to pay to replace those services. There is also the great non-economic loss of the love, nurturing, affection and companionship.

Q. How long does it take to settle a wrongful death case?

A. It is not easy to predict how long it will take because many factors come into play. We can say, however, that our firm treats wrongful death lawsuits as a top priority and pushes them along as promptly as humanly possible so that you are able to recover your losses and move ahead with your life.


From the beginning, Hausmann-McNally, S.C. has focused on representing people who suffered personal injury in automobile accidents, motorcycle accidents and truck accidents. The firm also represents clients who suffered a loss of a loved one through a wrongful death—a death caused by negligence, neglect or wrongful act of another. Our goal is to prepare and present the strongest case possible to obtain maximum recovery and compensation. Serving clients, helping them achieve a just settlement for their accident injuries and other losses is our only business.

"Our goal is to prepare and present the strongest case possible to obtain maximum recovery and compensation."



Our firm keeps in close contact until your case is settled, and, early on, offers legal advice on matters including how to
deal with insurance companies to protect your rights to just compensation for your losses and injuries.

We welcome your calls on any detail of your case at any time.

personal injury.

Our personal injury attorneys are aware of the profound effect and devastation that occurs when someone is injured in an accident. The consequences extend beyond physical pain and disability.


car accidents.

Auto accident victims suffer from agonizing worries, fears, physical pain and numerous inconveniences. The attorneys and staff at Hausmann-McNally, S.C. are dedicated to relieving you of the stress of trying to get justice and damages from the at-fault party or parties.


motorcycle accidents.

Motorcyclists are a special breed. Your independence and love of the open road and your strong, free and independent spirit provide you with joy, excitement and the liberating feeling of the wind in your face. Riding enables you to experience the world up close as the landscape whizzes by.


truck accidents.

By definition, an accident involving a truck is a serious event. A multi-wheeled hulk of steel loaded with tons of freight constitutes a powerful weapon—one that can annihilate or seriously injury its own driver, passengers and anyone in its path.


wrongful death.

People who have lost a loved one through the negligence, neglect or wrongful act of another, are often paralyzed with anger and anguish. It is hard to imagine how this wrongful death will affect their lives. We understand their special needs at this most difficult time.


After you have suffered a serious injury, hiring a trusted personal injury attorney can make a huge difference in your life. Let us put the skill and experience of our attorneys and staff to work for you. You can visit one of our many office locations or, if you prefer, we can send a representative to your home, office, or hospital room to explain our services.

Contact us today so we can immediately get started on your case.



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Hausmann McNally, S.C. cares about the community.

Hausmann-McNally, S.C. is not only dedicated to you and your case, we are also very involved with the communities we live in. We are constantly working with community associations, church organizations and volunteer groups to find new ideas on how to improve the lives of those in our neighborhoods.



4.30.13 Indiana Attorney Finds an Additional $50,000 for Injured Client