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Wrongful Death Video

LEE KELSO: There is no greater loss one can suffer than to lose a spouse, child, parent, or close family member particularly if your loved one's death is caused by the negligence or fault of another party. The loss of a loved one can have devastating consequences both emotional and financial. Joining us today to talk about legal claims arising from the wrongful death of a loved one is attorney David Farnbauch, a personal injury attorney with the Sweeney Law Firm in Fort Wayne. Thanks for spending some time with us today to talk about wrongful death claims David.

DAVID FARNBAUCH: Thanks for having me.

LEE KELSO: David, you have handled a number of wrongful death cases in the course of your career. How do these cases differ from cases involving serious injury?

DAVID FARNBAUCH: Well, I think the central feature of wrongful death cases, the case is really about the loss of the survivors. The most important element of damages in a wrongful death case is the loss of death and companionship for the person who's deceased.

LEE KELSO: When a person dies as a result of someone else's negligence what are some of the different categories of damages that you can recover in a wrongful death case?

DAVID FARNBAUCH: As I mentioned earlier, the most important element of damage or category of damage in a wrongful death case are damages to a spouse or to a child or to a loved one as a result of the loss of love and companionship for the person that died. Another important category or element of damage in the wrongful death case or loss of future earnings. If a loved one dies and was projected to work another twenty or thirty years, the family can recover damages for the loss of future earnings. Another element of damage in a wrongful death case are the recovery of the funeral burial expenses associated with the person's death.

LEE KELSO: David it might be helpful if you take your viewers through some of the steps that are involved when your office is involved to represent a family in a wrongful death case.

DAVID FARNBAUCH: Well obviously the first is to schedule an appointment to meet with one of our lawyers in our office. We try to be as understanding ans compassionate as we can be when we are dealing with a family who has had the loss of a loved one. It's a very traumatic time and a very trying time and we try to be understanding and compassionate and try to give out helpful information and advice to families that are involved in this situation. The other thing that is unique about wrongful death cases is normally we have to open up what is known as an estate. An estate is simply a legal proceeding that's filed in a probate court with the county where a family member, usually a spouse, is selected to serve as the personal representative of the estate to pursue a legal case.

LEE KELSO: Can you offer any advice to families who've lost a loved one and have reason to believe that the loss of that person was caused by the fall of another party? 

DAVID FARNBAUCH: Well as I mentioned earlier the first thing to do in a situation where there has been a wrongful death and a potential legal case is to meet with an attorney, hopefully an experienced attorney who has handled wrongful death cases before. The other thing I can encourage families to do because we've had a number of cases in our office where we've represented families in a wrongful death situation is to seek counseling. Oftentimes these are very emotionally traumatic situations and we find that the families who seek counseling out professional psychological counseling after a wrongful death event, they really benefit from that type of counseling.

LEE KELSO: Thanks for sharing time and insights with us today here.

DAVID FARNBAUCH: It was great to be here.

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Daren Niemi, from Sweeney Law Firm, stopped by the studio to talk about the process you can expect when coming to Sweeney Law Firm to pursue a claim. You can catch Daren, along with other guests, on ABC's INsight. Access the video transcript here or download the full transcript here. Tony Betton (00:00:00:00 - 00:00:15:18): Hey, everyone. Welcome back. You are watching inside right now. We are here with attorney Darren Niemi, with Sweeney Law Firm, to be able to continue our discussion on medical malpractice. Now, Darren, again, it's a pleasure to be able to be here as we continue this conversation and discuss what exactly is medical malpractice. Tony Betton (00:00:15:18 - 00:00:26:02): I wanted to be able to know more about the process. Right. So being able to figure out how to pursue this claim, because I'm sure it's a lot of steps and a lot of things that go into it. Tell me a little bit more about the process. Daren Niemi (00:00:26:02 - 00:00:36:21): Absolutely, Tony. So the process starts when we initially get contacted by either a patient or their family who have questions about the medical care that they have received. Daren Niemi (00:00:36:22 - 00:00:52:18): So what we do is we schedule an interview and we ask them to provide as much information as they can, as they have at that time. Now, oftentimes they don't have all the information with them, but we try and get as much information at that time. Tony Betton (00:00:52:18 - 00:01:00:13): Now, when it comes to certain circumstances that people are maybe dealing with, what are some of the circumstances that people could possibly come in contact with? Tony Betton (00:01:00:18 - 00:01:04:02): Like you said, I mean, it's a lot of medical records that you guys are dealing with. Daren Niemi (00:01:04:02 - 00:01:31:16): Absolutely. So, again, when we have to pursue these claims, what we are looking for is what is contained in the medical records. 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INsight | Changes to the Court System with COVID-19

Dave Farnbauch sits down with ABC's INsight to talk about the changes to the court system in light of COVID-19. You can read the full transcript below, or access a PDF of the transcript. Charity: Welcome back to INsight. I'm here with Dave Farnbauch from Sweeney Law Firm. We're going to talk today about what's happened in the court system since the COVID-19 pandemic. Is it safe to assume that there haven't been many jury trials since the stay-at-home order happened in late March and since everything that's gone on? David Farnbauch: Right. Just like every other, institution and organization, the court system has been impacted by COVID. And I'd say the biggest change that I've seen is the courts issuing orders this spring to put sort of a moratorium on jury trials. There have been some bench trials. That's where the judge is there. The courts have actually been very creative. I've heard of some trials by zoom. But the big change is putting potential jurors at risk by bringing them into a courthouse and putting them amongst other jurors. And so the courts have really been cautious about resuming jury trials and they put together, I think, a very careful plan so that when they do bring jurors back in it really minimizes the risk of COVID-19. Charity: Why am I not surprised that there've been some by zoom? I feel like we've done everything by zoom lately. Let's talk about that plan. What are they doing as they start to bring jurors back? What's the court going to do to make sure that people who are summoned to be jurors are going to be safe as they come into the courthouse. David Farnbauch: All right. So I'd say some of the basic things that they're doing for a lot of things, which is to obviously check the temperature of everybody comes in, masks are mandatory. And then what they've done is changed, Charity, the configuration of the courtroom. We don't have, we're not going to have the traditional jury box. We're going to use the whole courtroom, like traditionally where the audience would be the gallery in the courtroom, that's where the jurors are going to be. And of course they have rules about social distancing in the courtroom. Some courts have put in some plexiglass to minimize the transmission of COVID in the courtroom. So those are the main things, but it's taken awhile to sort of formulate a plan and implement all these things. Charity: Do you think the COVID-19 pandemic will make a difference in how many prospective jurors will respond to a summons? David Farnbauch: Well, that's the concern, in fact in an organization that I belong to we recently commissioned a company that does research and focus group testing to find out the answer to that question. Which is are people, prospective jurors that get a summons for jury service, are they likely to actually show up for jury service, given the risk. It’s a fluid thing, but everybody would agree there are still risks there if you go to a public building like a courthouse. And what's interesting is the research that's been done shows that only about 20% of the people that they surveyed and these focus group tests are really sort of hardline that they will not respond to a summons for jury service in the midst of a pandemic like this. And about one third are somewhat comfortable if the court implements these measures that I just talked about; mask and social distancing and not being in a jury box. David Farnbauch: And then to our surprise are there were about 40% of the respondents that said as long as we have masks, and as long as the court is saying that we've got appropriate measures in place to protect us, they felt very comfortable with showing up for jury service, which was kind of a big surprise to everybody. So we still have that segment of the population that feels that call of duty. They get a summons for jury service, and they feel like it's their civic duty to go to the courthouse, even in the midst of a pandemic to make sure that the justice system goes forward. Charity: It's our civic duty to serve our jury duty and to vote. That's what, that's what we have to do. If you have questions about something in the legal world I have to do is give Sweeney Law Firm a call 420-3137, check him out online. We'll be right back.

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