Severe maternal morbidity rates are rising across the country and in Illinois, and serious birth complications that injure mothers and babies are happening more frequently than they should in hospitals that are supposed to be equipped to prevent them. Some of these complications are unavoidable medical events. Others are the result of delayed action, missed warning signs, or failures to follow the standard of care that every patient deserves.

When a traumatic birth experience that may involve medical negligence destroys what should have been a special day for an Illinois family, we’re here to let them know they have the right to pursue justice. Schafer & Schafer represents families in Illinois birth injury and Illinois medical malpractice cases. Call us at 219-947-1911 for a free case review.

What Is Severe Maternal Morbidity and Why It Matters in Illinois

Severe maternal morbidity, or SMM, refers to unexpected outcomes of labor and delivery that result in significant short- or long-term consequences to a woman's health. These are not routine complications or minor difficulties. They are serious, often life-threatening events that require emergency intervention and can leave lasting physical and emotional effects.

The Centers for Disease Control and Prevention identifies more than 20 indicators of severe maternal morbidity, including blood transfusion, hysterectomy, acute renal failure, sepsis, ventilation, cardiac arrest, and prolonged hospitalization. Each of these events represents a serious departure from the expected trajectory of a healthy birth, and each carries real risk of permanent harm or death.

How SMM Fits into the Bigger Picture of Maternal Health and Mortality

Severe maternal morbidity and maternal mortality exist on a continuum. SMM events are far more common than maternal deaths but involve many of the same underlying causes: hemorrhage, hypertensive disorders, infection, and delayed intervention. 

For every woman who dies from a pregnancy-related complication, many more experience a near-miss SMM event that permanently affects their health and quality of life. Addressing SMM is therefore central to improving maternal health outcomes broadly, and hospitals and providers who fail to recognize and respond to SMM warning signs are failing their patients at a fundamental level.

Recent Maternal Health Trends and SMM Rates in Illinois

Illinois Severe Maternal Morbidity Statistics and Key Risk Patterns

Illinois has seen increases in severe maternal morbidity consistent with the national trend, which has roughly doubled over the past two decades according to data from the Illinois Department of Public Health. This reflects that serious pregnancy-related complications affect thousands of Illinois women annually, with significant variation across regions, hospital systems, and demographic groups. The state has recognized maternal health as a priority public health issue, but rates of preventable complications remain concerning.

Which Communities Are Most Affected by Severe Pregnancy-Related Complications

The burden of severe maternal morbidity in Illinois is not equally distributed. Black women in Illinois experience SMM at rates significantly higher than white women, a disparity that reflects systemic failures in how certain patients' concerns are heard and acted upon, as well as differences in access to high-quality prenatal and obstetric care. Women in rural areas of Illinois face elevated risks due to limited access to specialized facilities and longer transport times when emergencies arise. Women with multiple risk factors including chronic hypertension, diabetes, and obesity are also at elevated risk and require heightened monitoring that is not always consistently provided.

How Illinois Compares to National Maternal Health Trends

Illinois reflects the national pattern in which SMM rates have increased substantially while mortality rates have fluctuated. The national increase in SMM is attributed to a combination of factors including older maternal age at delivery, higher rates of chronic conditions, increased cesarean delivery rates, and systemic gaps in how hospitals monitor and respond to warning signs during labor and delivery. Illinois hospitals vary significantly in their outcomes data, and where a woman delivers can meaningfully affect her risk of experiencing a serious complication.

Common Birth Complications Linked to Medical Errors

Not all birth complications involve medical error, but a meaningful share of severe outcomes occur in situations where earlier recognition and intervention would have changed the result. 

Hemorrhage, Hypertensive Crises, and Other Life-Threatening Maternal Complications

Postpartum hemorrhage is the leading cause of severe maternal morbidity in Illinois and nationally. When bleeding after delivery is not recognized quickly and managed aggressively, it can escalate to hemorrhagic shock, organ failure, and the need for emergency hysterectomy. Many cases of severe hemorrhage-related harm occur in situations where providers failed to respond quickly enough to early signs of excessive bleeding, failed to have protocols in place for rapid response, or failed to administer appropriate medications and interventions in a timely manner.

Hypertensive disorders including preeclampsia and eclampsia are another leading driver of maternal morbidity. Preeclampsia requires careful monitoring and timely delivery when indicated. When providers fail to recognize worsening hypertension, fail to administer antihypertensive medications when blood pressure reaches dangerous levels, or delay delivery beyond the point when it should have been initiated, the consequences can include stroke, organ damage, and death.

Fetal Distress, Hypoxia, and Newborn Brain Injuries

When a baby is deprived of adequate oxygen during labor or delivery, the resulting brain injury can be devastating and permanent. Hypoxic ischemic encephalopathy, or HIE, is a serious brain injury caused by oxygen deprivation around the time of birth. Babies who survive HIE may develop cerebral palsy, epilepsy, cognitive disabilities, and other lifelong conditions that require extensive care and support throughout their lives.

HIE is frequently preventable when providers recognize and respond appropriately to signs of fetal distress. Fetal heart rate monitoring exists specifically to detect abnormal patterns that indicate the baby is not tolerating labor well. When those patterns are missed, misinterpreted, or not acted upon in time, and a baby suffers brain injury as a result, the failure may constitute medical negligence. Birth injuries of this severity have lifelong consequences that demand thorough legal investigation.

Infections, Anesthesia Errors, and Other Preventable Delivery Complications

Infections including chorioamnionitis and postpartum sepsis can develop rapidly and become life-threatening when not recognized and treated promptly. Anesthesia errors during epidural placement or general anesthesia for cesarean delivery can cause serious harm. Surgical errors during cesarean section, including injury to nearby organs, can produce complications that require additional surgeries and prolonged recovery. Each of these categories of harm involves providers making decisions, and when those decisions fall below accepted standards of obstetric care, the resulting harm may be compensable.

Risk Factors and Warning Signs Providers Should Not Ignore

Medical Risk Factors: High Blood Pressure, Diabetes, Obesity, Prior C-Section, and More

Women who enter pregnancy with chronic hypertension, diabetes, obesity, a prior cesarean delivery, or a history of pregnancy complications are at elevated risk for serious complications and require more intensive monitoring and management. Providers who fail to account for these risk factors when making decisions about monitoring frequency, delivery timing, and intervention thresholds are not meeting the standard of care.

Labor and Delivery Red Flags Families Commonly See but May Not Understand

Many families who experienced traumatic births describe recognizing in retrospect that something seemed wrong before providers acted. A baby's heart rate dropping on the monitor and nurses rushing in and out of the room. A mother's blood pressure rising repeatedly without medication being adjusted. A labor that was progressing poorly with no action taken for hours. These observations matter and may be consistent with a failure to respond to warning signs that providers were obligated to recognize.

What National and Illinois Standards of Care Expect from Hospitals and OB Providers

Illinois hospitals and obstetric providers are held to the standard of care that a reasonably competent provider would apply under the same circumstances. 

National guidelines from organizations including the American College of Obstetricians and Gynecologists set specific protocols for fetal heart rate monitoring, management of preeclampsia, hemorrhage response, and emergency cesarean delivery timing. When a provider's actions deviate from those established protocols and a patient is harmed as a result, that deviation is the foundation of a medical malpractice claim.

When Delayed Intervention or Missed Warning Signs May Be Medical Negligence

Delayed C-Section and Failure to Respond to Fetal Distress

The decision to perform an emergency cesarean section must be made and executed within a timeframe that prevents or minimizes brain injury to the baby. When fetal heart rate tracings show patterns requiring urgent delivery and the decision is delayed, the baby's exposure to oxygen deprivation extends. Minutes matter in these situations, and the difference between a timely and a delayed C-section can be the difference between a healthy child and a child with permanent brain damage.

Inadequate Monitoring, Communication Breakdowns, and Staffing Issues

Many preventable birth complications involve not a single dramatic error but a pattern of inadequate monitoring, delayed communication between nursing staff and physicians, and staffing levels that leave patients without adequate oversight during critical periods. A nurse who does not escalate a concerning fetal heart rate pattern quickly enough, a physician who is not promptly notified of deteriorating maternal vital signs, or a hospital that is understaffed during a busy delivery night may each contribute to a harmful outcome that could have been prevented with appropriate attention and response.

How Illinois Birth Injury and Medical Malpractice Laws Apply to These Cases

Illinois medical malpractice law requires injured plaintiffs to establish that the provider owed a duty of care, that the provider breached that duty by failing to meet the applicable standard of care, that the breach caused the patient's injury, and that the injury resulted in damages. In birth injury cases, establishing these elements typically requires expert medical testimony from qualified obstetric professionals who can review the medical records and opine on whether the care provided met accepted standards. An Illinois medical malpractice attorney who handles birth injury cases understands how to assemble and present this evidence effectively.

Illinois also has a statute of limitations for medical malpractice claims. For adult patients, claims generally must be filed within two years of the date the injury was discovered or reasonably should have been discovered, with an overall eight-year outer limit from the date of the negligent act. For minors, the limitations period is generally eight years from the date of the negligent act or until the minor's 22nd birthday, whichever comes first. These deadlines make prompt legal consultation important for families considering whether to pursue a claim.

How Severe Maternal Morbidity and Birth Complications Affect Mothers, Babies, and Families

Physical and Emotional Impact on Mothers After SMM Events

Women who survive severe maternal morbidity events often face recovery that extends far beyond the hospital stay. Physical consequences can include chronic pain, fertility loss following emergency hysterectomy, kidney damage, cardiovascular complications, and the lasting effects of extended ICU stays. The emotional and psychological impact of a traumatic birth is also significant. Post-traumatic stress disorder, postpartum depression, and grief over the loss of a hoped-for birth experience are real and serious consequences that affect women's quality of life and their ability to care for themselves and their families.

Long-Term Needs for Babies with Birth Injuries Like HIE and Cerebral Palsy

Children who sustain birth injuries including HIE and cerebral palsy face lifelong challenges that require ongoing medical care, therapy, adaptive equipment, educational support, and in many cases full-time assistance with daily living. The costs associated with these needs can be enormous and persist for the entirety of the child's life. A legal recovery that accounts for these future costs is essential to ensuring that families can access the care their child will need.

Financial Costs: Medical Bills, Lost Income, and Ongoing Care

The financial impact of a serious birth complication or birth injury extends far beyond the initial hospitalization. Extended NICU stays, specialist consultations, surgical procedures, rehabilitation, adaptive equipment, home modification, and lost parental income during recovery and caregiving all represent real economic harm. In cases involving catastrophic injuries, these costs can reach into the millions of dollars over a lifetime. Families should not be left to absorb those costs alone when they resulted from someone else's failure to provide competent care.

In the most tragic cases where a mother or baby does not survive a birth complication, surviving family members may have a wrongful death claim that deserves thorough legal evaluation.

What to Do If You Suspect a Preventable Birth Injury or Maternal Complication in Illinois

Steps to Take Right Away: Medical Follow-Up, Records, and Second Opinions

If you believe your birth complication or your baby's injury may have been preventable, the most important initial steps are to continue prioritizing medical care for yourself and your child, to request complete copies of all medical records from the delivery and any subsequent treatment, and to consider seeking a second medical opinion about the care that was provided and the cause of the complications that occurred. Do not sign any releases or settlement agreements from the hospital or its insurer before speaking with an attorney.

When to Talk with an Illinois Birth Injury Lawyer About Possible Malpractice

You should consult an Illinois birth injury lawyer if anything about your delivery or your baby's condition has left you wondering whether the care provided was adequate. Many families who contact us are not certain they have a case. They simply know that something happened that was not explained to them, or that the outcome was not what anyone expected. That uncertainty is exactly the kind of situation a legal consultation is designed to address.

Consider reaching out if any of the following apply to your situation:

• The delivery involved a complication requiring emergency intervention, such as an unplanned cesarean section or manual removal of the placenta
• Your baby was diagnosed with HIE, cerebral palsy, seizures, or another brain injury following delivery
• A blood transfusion, emergency hysterectomy, or ICU admission was required after delivery
• Preeclampsia, eclampsia, or a hypertensive crisis developed and was not recognized or treated promptly
• Your newborn spent time in the NICU for reasons that were never clearly explained
• Hospital staff acknowledged that something went wrong during the delivery without providing a clear or complete explanation
• Warning signs during labor did not appear to be acted upon quickly enough
• Harm occurred that may have been avoidable with different or faster care

A consultation with Schafer & Schafer is completely confidential, carries no obligation, and costs nothing. It is simply a conversation about what happened and whether the facts warrant a closer legal and medical review. In many cases, that review provides clarity that families could not get from the hospital or their providers. 

Talk with Schafer & Schafer About Your Questions

If you or your baby experienced a serious complication during labor or delivery in Illinois and you are wondering whether the care you received met the standard you deserved, Schafer & Schafer is ready to help you find answers. Our firm handles birth injuries, brain injuries, and catastrophic injury cases with the depth of experience and medical understanding these complex claims require.

There is no cost to speak with us, no obligation to proceed, and no pressure. Just honest answers about whether your situation warrants a closer look. Contact Schafer & Schafer 219-947-1911 for a free birth injury consultation today.

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Frequently Asked Questions

Schafer & Schafer recently secured an $8 million jury verdict on behalf of two children who suffered serious injuries in a crash on U.S. 30 in Valparaiso.

The case arose from a collision involving a hospital courier who struck a Jeep carrying the two young girls. The impact caused the Jeep to flip twice before coming to rest on its side.

During trial, Todd Schafer presented evidence showing the courier was traveling more than 72 miles per hour at the time of the crash.

That speed became a central issue in the case.

The driver claimed he was traveling 45 miles per hour, the posted speed limit. Data recovered from the vehicle's event data recorder showed he was actually traveling 72.1 miles per hour before impact.

Schafer & Schafer demonstrated that had the courier been traveling at the speed limit, the collision would not have occurred and the Jeep would have safely completed its turn through the intersection.

A Life-Changing Brain Injury

One of the girls, who was 9 years old at the time of the crash, was ejected from the Jeep and transported to a trauma center with a traumatic brain injury.

Brain injuries suffered during childhood can affect nearly every aspect of a young person's life. Medical treatment, rehabilitation, learning challenges, and long-term cognitive effects often continue well beyond the initial recovery period.

After hearing the evidence, the jury awarded $7 million for her injuries.

Serious Injuries to a Second Child

The second passenger, age 10, suffered a broken hand, facial scarring, and lacerations that required sutures.

The jury awarded her $1 million.

Together, the verdict reflects the devastating impact the crash had on both children and the years of recovery that followed.

Black Box Data Revealed the Truth

One of the most important pieces of evidence came directly from the courier's vehicle. While the driver testified he was traveling 45 mph, data downloaded from the vehicle's event data recorder showed he was actually traveling 72.1 mph before impact.

That evidence became a key part of the case. Schafer & Schafer used the black box data, along with accident reconstruction evidence, to show the jury that the collision would not have occurred had the courier been traveling at the posted speed limit. The Jeep would have safely completed its turn through the intersection.

An $8 Million Result for Two Young Victims

This case was about more than numbers. It was about two children whose lives changed in an instant and the responsibility of holding negligent parties accountable for the harm they cause. Schafer & Schafer is proud to have secured this result on behalf of these young clients and their families.

Losing someone in a truck accident is not something anyone is prepared for. One moment your family is intact, and then it is not. When a commercial truck driver makes a mistake, a trucking company cuts corners, or a preventable failure ends your loved one’s life on an Indiana highway, your family needs answers. If you are reading this in the days or weeks after that kind of loss, you are probably still trying to process what happened and starting to wonder whether a wrongful death lawsuit can do anything for your family.

This post exists to answer that question honestly and plainly, without legal jargon and without pressure. Schafer & Schafer has represented Indiana families in fatal truck accident cases for generations, and we know what you are going through. Call us at (219) 947-1911 whenever you are ready. 

First, We're Sorry. Here's Why This Post Exists.

Grief and legal questions do not keep separate schedules. Families dealing with a fatal truck crash often find themselves searching for information late at night. Not because they are ready to hire a lawyer, but because they need to understand what happened and whether anything can be done about it.

This post is for those families. It explains what a wrongful death claim is, whether it applies to your situation, who can file it, what your family could recover, and how much time you have. It is not a sales pitch. It is the information you deserve to have so you can make decisions that are right for your family, on your own timeline.

Why Truck Accident Deaths Are Different From Other Fatal Crashes

Not all fatal crashes are legally or practically equivalent. A collision involving a semi-truck is a fundamentally different event from a passenger car accident, and the differences determine how your legal claim is built and what your family can recover.

The Size and Weight Factor: Why Semi-Truck Collisions Are So Deadly

A fully loaded commercial tractor-trailer can weigh up to 80,000 pounds. A typical passenger vehicle weighs roughly 4,000 pounds. When those two vehicles collide, the physics are devastating and largely non-survivable for the occupants of the smaller vehicle, particularly in head-on, broadside, and underride accidents where a car slides beneath the trailer. These crashes generate forces that overwhelm every safety system a passenger vehicle has, and the resulting injuries frequently include traumatic brain injuries, spinal cord injuries, catastrophic injuries that are unsurvivable in many cases.

Multiple Parties Can Be Responsible, Not Just the Driver

One of the most important differences between a fatal truck crash and a fatal car crash is the number of potentially liable parties. In a car accident, fault typically rests with one or more individual drivers. In a truck crash, responsibility can extend to the trucking company that employed the driver, the cargo company that loaded the trailer, the maintenance contractor that serviced the vehicle, and the manufacturer of any defective component that contributed to the crash.

Blind spot and wide turn accidents, backing accidents, and crashes involving delivery trucks each involve their own liability and insurance policies. Identifying and pursuing every responsible party is what separates an adequate recovery from a full one, and it requires an attorney who knows the trucking industry's legal obligations inside and out.

What Is a Wrongful Death Claim, and Does It Apply to Your Family?

Losing a loved one in a truck accident is devastating, and while no amount of money can replace them, Indiana provides a way for families to seek justice and stability after such a loss. Understanding what qualifies as a wrongful death claim, and how Indiana law applies to your loved one’s accident can help you take the first step toward holding the responsible parties accountable.

The Legal Definition of Wrongful Death in Indiana in Plain English

A wrongful death claim is a civil lawsuit brought on behalf of a person who died as the result of someone else's negligence, recklessness, or wrongful conduct. It is entirely separate from any criminal investigation or prosecution that may follow the crash. 

The criminal process, if there is one, is the state's case against the driver or company. The wrongful death claim is your family's case, which allows you an opportunity to seek damages on behalf of your loved one.

Indiana's wrongful death statute allows the personal representative of the deceased's estate to bring a claim on behalf of the surviving family members. You do not need to have all the answers before filing. You do not need to know who was at fault. But what you do need is an attorney who can investigate, identify the responsible parties, and build the case on your behalf while you focus on your family.

How a Fatal Truck Accident Becomes a Wrongful Death Case

If the evidence shows that negligence contributed to your loved one's death, you may be able to file a wrongful death lawsuit. In truck accident cases, negligence can take many forms, such as a driver who exceeded federal hours-of-service limits and was dangerously fatigued, a trucking company that ignored required vehicle inspections, a cargo loader who improperly secured a load that shifted and caused the driver to lose control, or a manufacturer whose defective brake system failed at highway speed.

You do not need to know which of these factors caused the crash before you contact an attorney. By reaching out to Schafer & Schafer, we can help to determine who can be held responsible for the fatal accident.

Who Has the Right to File a Wrongful Death Claim in Indiana?

Indiana law specifies who has the right to recover damages after a wrongful death. For an adult victim, the claim must be filed by the personal representative of the deceased person’s estate. This is usually a spouse, adult child, or parents of the deceased.

The right to recovery damages generally follows this order of priority:

• The surviving spouse and any dependent children are the primary beneficiaries.
• If there is no surviving spouse or child, dependent next of kin may recover.
• The estate itself can recover certain costs—such as medical bills, funeral expenses, and other final expenses—in every case.

When the deceased is a child, a separate Indiana statute applies. In those cases, the parents are the primary parties who may file the wrongful death claim.

What Happens When There Is No Surviving Spouse or Children

When the deceased had no spouse or dependent children, the wrongful death claim is still available to dependent next of kin, which can include parents, siblings, or others who relied on the deceased for financial or emotional support. 

The damages available in these cases differ from those in cases involving a surviving spouse and children, and the analysis of who qualifies and what they can recover requires a careful review of the specific family circumstances. Schafer & Schafer can handle this evaluation as part of the initial case review.

What Can Your Family Actually Recover?

After a wrongful death, one of the most common questions families ask is what compensation the law actually allows. While no financial recovery can undo such a loss, Indiana law recognizes both the economic and emotional impact that a death leaves behind and provides specific ways for families to recover for both.

Economic Damages: The Financial Reality of Losing a Provider

The financial losses that follow a fatal truck accident are immediate and often overwhelming. Indiana's wrongful death statute allows recovery for the measurable economic losses the death has caused, including:

• Medical expenses incurred between the injury and the death.
• Funeral and burial costs.
• The income the deceased would have earned over their expected remaining working life.
• The value of benefits, including pension and retirement contributions, the deceased would have received.
• The value of household services and support the deceased provided to the family.

For families who depended on the deceased as their primary financial provider, these economic damages can represent decades of lost income and support. Calculating them accurately requires economic analysis and expert testimony, both of which Schafer & Schafer brings to every fatal truck accident case we handle.

Non-Economic Damages: What the Law Says About Grief, Loss, and Companionship

Indiana wrongful death law also allows recovery for non-economic losses, which address the human cost of the death rather than the financial one. These include:

• The grief, sorrow, and mental anguish of the surviving spouse and dependent children.
• Loss of companionship and the guidance the deceased provided in the lives of their children.
• Loss of consortium for the surviving spouse.
• The loss of parental guidance for minor children who will grow up without their parent.

These damages do not have a receipt attached to them, but they are real, they are recognized by Indiana courts, and they can represent a significant portion of the total recovery in a wrongful death case.

The Evidence That Matters Most in Fatal Truck Accident Cases

In fatal truck accident cases, evidence is everything. What gets collected and how quickly it’s assessed can determine the strength of your family’s claim. Understanding which types of evidence matter most, and why timing is critical, can help you see why immediate legal action makes such a difference.

Why Trucking Companies Move Fast After a Crash and Why You Need to Move Faster

Within hours of a fatal truck accident, the trucking company's insurers and attorneys are often already at work. Their goal is to control the narrative, limit the company's exposure, and preserve only the evidence that serves their interests. They know what data exists, they know how to obtain it, and they know how long before certain records are overwritten or destroyed.

Federal trucking regulations require carriers to retain certain records for defined periods, but those periods are not indefinite. Electronic logging device data, GPS records, dashcam footage, and maintenance logs can disappear quickly if not preserved through formal legal demand. A spoliation letter, which is a formal notice requiring the trucking company to preserve all relevant evidence, must go out immediately. Every day of delay increases the risk that critical evidence is lost.

Black Boxes, Driver Logs, and Maintenance Records: What Your Attorney Will Demand

Modern commercial trucks are equipped with electronic control modules, commonly called black boxes, that record vehicle speed, braking events, throttle position, and other data in the moments before a crash. This data can establish exactly what the driver did and did not do before the collision and is often the most powerful evidence available in a fatal truck crash case.

Driver logs, now largely electronic through mandated ELD systems, document how many hours the driver had been on the road and whether they were in compliance with federal hours-of-service regulations. Fatigued driving is one of the most common causes of fatal truck crashes, and violations of hours-of-service rules are direct evidence of negligence.

Maintenance records reveal whether the truck was properly inspected and serviced, whether known defects were reported and repaired, and whether the company's safety culture met the standards federal regulations require. Taken together, this evidence forms the factual backbone of a wrongful death case against the driver, the carrier, and any other responsible party.

How Long Does a Family Have to File in Indiana?

Indiana's statute of limitations for wrongful death claims is generally two years from the date of death. Missing this deadline almost always means losing the right to pursue any recovery, regardless of how strong the case is.

Two years may feel like a long time when you are deep in grief, but evidence gets lost quickly. The investigation required to build a fatal truck accident case takes time, and the evidence most critical to your claim begins disappearing immediately after the crash. Families who wait until the deadline to file is close often find that the best evidence is gone and the strongest arguments are no longer available.

If you are not ready to take formal legal action, you can still call Schafer & Schafer for a free consultation. Talking to us does not commit you to anything. It ensures you understand your options and your timeline before a decision is made for you by the passage of time. Call (219) 947-1911 today.

Frequently Asked Questions From Families After a Fatal Truck Crash

Who can file a wrongful death claim after a fatal truck accident in Indiana? 

The claim is filed by the personal representative of the deceased's estate on behalf of the surviving spouse, dependent children, or dependent next of kin. If no personal representative has been appointed, that step can be taken as part of initiating the claim. An attorney handles this process for the family.

How long does a wrongful death case take in Indiana? 

Timelines vary significantly depending on the complexity of the case, the number of defendants, and whether the matter resolves through settlement or proceeds to trial. Many cases settle within one to two years of filing. Cases that go to trial take longer. Schafer & Schafer will give you an honest assessment of the likely timeline in your specific situation.

What if the truck driver was not criminally charged? 

Criminal charges are not required for a wrongful death claim. The civil and criminal systems operate under different standards of proof. Even when a driver is not criminally prosecuted, the evidence from the crash investigation can support a successful civil wrongful death claim.

What if my family has already spoken with the trucking company's insurance adjuster? 

Contact an attorney before providing any further information or accepting any offer. Insurance adjusters represent the company, not your family. Early settlement offers frequently undervalue the claim significantly, and accepting one closes off your right to pursue full compensation later.

Does it cost anything to consult with Schafer & Schafer? 

No. The initial consultation is completely free. Schafer & Schafer handles wrongful death cases on a contingency fee basis, meaning there is no cost to your family unless we recover compensation for you.

Schafer & Schafer Have Fought and Won for Families Like Yours

Schafer & Schafer has represented Indiana families in fatal truck accidents and wrongful death cases for generations. Our case results include significant verdicts for truck accident victims including:

• $6 million for a mother killed in a semi-truck accident.
• $5 million payout for a policy limit settlement for the wrongful death of a mother and a head injury to her child in a truck accident.
• $4 million for a young woman fatally injured by a tractor trailer.
• $3.1 million for a husband killed in a semi-truck accident.

This truly reflects what is possible when a committed legal team brings over 100 years of combined experience on behalf of a grieving family.

We are a family firm rooted in Northwest Indiana. We take these cases personally because the families who come to us are part of our community, and because we understand that no legal outcome can replace what was lost. What we can do is make sure the people and companies responsible are held fully accountable and that your family has the financial support the law provides. 

Contact us at (219) 947-1911 today to schedule your free, confidential consultation. We collect no fees unless we secure compensation for your family.

A heartbreaking incident occurred recently at Marina Shores in Portage, Indiana, where two people suffered electrical shocks while in the water.

Despite courageous rescue efforts by bystanders and first responders, one victim suffered serious injuries, while the second victim lost his life, leaving behind grieving family members.

Schafer & Schafer extend heartfelt condolences to the Gonzalez family during this unimaginably difficult time. Our firm has filed a wrongful death and personal injury complaint on behalf of the Gonzalez family, seeking justice and accountability.

Call Schafer & Schafer at (219) 947-1911 or scroll down to the form for a free consultation about your wrongful death case.

Details of the Marina Shores Electrical Shock Incident in Portage, Indiana

On July 10, 2025, Gabriel Gonzalez and his brother, Francis Gonzalez, III, were at Marina Shores, cleaning a boat. When a fellow boater dropped an item in the water, Gabriel courageously jumped in to retrieve it. Suddenly, Gabriel experienced a tingling sensation before mysteriously going underwater and not resurfacing.

Francis jumped in to save his brother but faced the same electrical shock symptoms, resulting in paralysis and other catastrophic injuries around Northwest Indiana.

While Francis was rescued, Gabriel’s lifeless body was later recovered.

Local authorities confirmed the fatality, and the Indiana Department of Natural Resources is investigating the circumstances.

This tragic incident was not isolated; four days earlier, a similar electrical shock event occurred at the same marina. The marina had knowledge of this prior event and yet failed to warn patrons or address the hazard, violating required safety codes.

Negligence and Liability in Marina Shores Case

Schafer & Schafer filed a complaint against the Marina Shores owners and operators, citing their failure to maintain a safe environment and warn visitors. The defendants neglected to post the mandated warnings required by National Electrical Code (NEC) Article 555.24, which obligates marinas to display signs alerting to potential electric shock hazards in the water.

The marina’s failure to act on prior incidents and lapses in electrical system maintenance were recklessly indifferent to human safety, directly leading to Gabriel Gonzalez’s death and Francis Gonzalez’s injuries.

Attorney Todd Schafer stated, “This tragedy was entirely preventable. The marina knew of a similar incident a few days before and had a duty—not only under industry standards but basic human decency—to warn the public. But they did nothing, and a good family paid the price.”

What This Case Means for Victims of Personal Injury and Wrongful Death in Indiana

This lawsuit highlights the legal obligations of property owners and marina operators to protect visitors from known dangers. Victims of electrical shock incidents and their families deserve justice and compensation for pain, suffering, and losses.

Punitive damages are also sought to punish the defendants’ willful and reckless disregard for safety and to deter such negligence industry-wide.

Statute of Limitations for Wrongful Death and Personal Injury Claims

It is important for families affected by wrongful death or personal injury to be aware of Indiana’s legal time limits for filing claims.

The statute of limitations for wrongful death claims in Northwest Indiana is generally two years from the date of the victim’s death. 

For personal injury claims, the statute of limitations is also typically two years from the date of the injury.

These deadlines are strictly enforced, so it is crucial to promptly consult experienced Northwest Indiana wrongful death attorneys, such as Schafer & Schafer, to preserve your rights and begin the legal process without delay.

How Schafer & Schafer Supports Families Facing Personal Injury and Wrongful Death Claims

With a legacy spanning over a century, Schafer & Schafer combines compassionate care with aggressive legal advocacy. We have successfully represented numerous injury victims and families seeking rightful compensation in wrongful death and personal injury cases in Northwest Indiana.

Our approach ensures families understand their rights as they navigate complex legal processes during difficult times.

Contact Schafer & Schafer LLP for Skilled Legal Representation in Personal Injury Cases

If you or a loved one has been affected by a personal injury or wrongful death caused by negligence, contact Schafer & Schafer for a free consultation below or call (219) 947-1911 now.

Our experienced team is dedicated to pursuing justice and securing compensation to help victims and families rebuild their lives.

Schafer & Schafer stand ready to protect your rights with the knowledge, experience, and commitment that cases like the Marina Shores tragedy demand.