Avery Law Firm

Professional Liability & Negligence Law Attorneys, Accident & Property Damage Attorneys, Attorneys

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Avery Law Firm

Wrongful Death
Pleading the Wrongful Death Case. The area of wrongful death is one that is governed by statute and case law, and is considered an area of ‘complex’ litigation where experience and knowledge are key to success. In cases of wrongful death, death is not always simultaneous with the action that causes it, and in those cases, there are two claims-one for the damages suffered by the decedent prior to death, and the action of the estate (survivors) for damages that occur as a result of the death. Failure to plead the case correctly will result in diminution of the damages claim, or damages being barred at trial. Pleading a wrongful death case is a technical matter, and the underlying tort claim must be plead simultaneously. For example, whether a police officer, trucker, or physician causes death will result in a variation of technical pleading requirements.

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Categories: Professional Liability & Negligence Law Attorneys, Accident & Property Damage Attorneys, Attorneys, Criminal Law Attorneys, Malpractice Law Attorneys, Personal Injury Law Attorneys

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Phone: (317) 826-8888

Address: Indianapolis 46236, Indianapolis, IN 46236

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Avery Law Firm

Wrongful Death
Pleading the Wrongful Death Case. The area of wrongful death is one that is governed by statute and case law, and is considered an area of ‘complex’ litigation where experience and knowledge are key to success. In cases of wrongful death, death is not always simultaneous with the action that causes it, and in those cases, there are two claims-one for the damages suffered by the decedent prior to death, and the action of the estate (survivors) for damages that occur as a result of the death. Failure to plead the case correctly will result in diminution of the damages claim, or damages being barred at trial. Pleading a wrongful death case is a technical matter, and the underlying tort claim must be plead simultaneously. For example, whether a police officer, trucker, or physician causes death will result in a variation of technical pleading requirements.
Fraud
If you or a loved one has been the victim of large scale or significant consumer fraud, call Avery Law Firm now or complete the form on this page for a FREE CASE EVALUATION.

Employment Discrimination
Employment Discrimination is actionable and if you have been subjected to employment discrimination, you probably have a claim for money damages but only if you take timely and correct action.

Premises Liability
Mr. Avery tried a ground breaking premises liability/negligence case against Gold Crown Foundation, Inc., the organizer of amateur athletic events in Colorado. Mr. Avery argued that Gold Crown was negligent for failing to provide emergency personnel and procedures for the recognition and treatment of heat stroke at a summer high school basketball game played in a local community school gymnasium, and that the facility was unreasonably dangerous without climate control. CASE WON! ($1.6 million dollar verdict)
Property Damage

Personal Injury
James W. Avery has been selected by Super Lawyers (Personal Injury: Plaintiff) in 2021. Avery’s first selection to Super Lawyers was the inaugural year for […]
Medical Malpractice
Like most medical malpractice cases involving catastrophic injury, the case will be subject to the damages limitations and other provisions of the Colorado Health Care Availability Act. The provision on damages limitations is contained in Colo. Rev. Stat. Sec. 13-64-302, which provides...
Social Security Disability

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