Schafer & Schafer Injury Attorneys recently secured a $17 million settlement for a woman who suffered serious, life-changing injuries when a commercial truck ran a red light and struck her vehicle.

The case was referred to attorney Todd Schafer specifically because of his experience handling complex trucking accident cases. The $17 million recovery is one of the largest settlements of its kind in Indiana history.

Truck Accident Leaves Woman With Life-Changing Injuries

The crash happened when a commercial truck driver ran a red light and T-boned the woman's vehicle.

She suffered several serious injuries, including:

• Loss of an eye
• Fractures to both femurs, requiring surgery
• A fractured wrist
• A mild traumatic brain injury (MTBI)

The injuries required extensive medical treatment and left her facing a difficult recovery.

Serious truck accidents can cause multiple injuries that affect nearly every part of a person's life. In this case, the combination of orthopedic injuries, permanent vision loss, and a traumatic brain injury made it especially important to account for the full impact of the crash.

Case Referred to Todd Schafer for His Trucking Accident Experience

The case was referred to Todd Schafer because of his experience handling complex trucking accident claims involving serious injuries.

Todd has represented clients in major trucking cases, including a $32.5 million jury verdict for a young woman who suffered a traumatic brain injury and partial paralysis in a trucking collision.

His work has involved some of the most serious types of catastrophic injury cases, where the injuries can require years of treatment and affect a person's ability to work and live independently.

We also regularly work with referring attorneys who are looking for experienced trial counsel to handle complex personal injury and trucking accident cases.

A $17 Million Settlement

The case was resolved for $17 million, making it one of the largest reported settlements of its kind in Indiana history. This result adds to Schafer & Schafer's history of significant verdicts and settlements involving serious trucking accidents and catastrophic injuries.

Experienced Indiana Truck Accident Attorneys

At Schafer & Schafer Injury Attorneys, we've spent decades representing people who have suffered serious injuries in trucking accidents and other personal injury cases. Our attorneys have secured multimillion-dollar verdicts and settlements in cases involving traumatic brain injuries, paralysis, and other catastrophic injuries. This $17 million settlement is another significant result for our client and reflects the work we do on behalf of people and families affected by serious accidents.

There’s no single timeline for an Indiana truck accident claim. Some claims resolve within several months after treatment ends, while cases involving serious injuries, disputed fault, multiple companies, or a lawsuit can take a year or more. The timeline is shaped by your medical recovery, how quickly evidence is gathered, how insurers respond, and whether litigation is needed. Throughout all of it, Indiana’s filing deadlines keep running.

At Schafer & Schafer, our family-owned firm represents people injured in truck crashes, and families who have lost loved ones, throughout Northwest Indiana. We move quickly to protect evidence and keep each case on track toward a fair resolution. 

Contact Schafer & Schafer at (219) 947-1911 for a free consultation.

How Long an Indiana Truck Accident Claim May Take

Most Indiana truck accident claims move through the same general stages: immediate medical care and evidence preservation, an investigation into the driver and trucking company, a period of treatment until injuries can be valued, a demand and negotiation with insurers, and, if needed, a lawsuit. How long each stage lasts depends on the facts.

In Indiana, most personal injury lawsuits must be filed within two years of the crash under the state’s limitation-of-actions provisions, and wrongful death claims under the Indiana wrongful death statute generally must be filed within two years of the date of death. Many claims resolve before those deadlines, but the deadlines don’t pause while a claim is being negotiated.

The First Days: Medical Care and Evidence Preservation

The first days after a truck crash often have the biggest effect on the strength of a claim. Your health comes first, and prompt medical care creates a record linking your injuries to the crash. At the same time, important evidence can disappear quickly. Key evidence includes:

• Police crash reports: These document the scene, statements, and any citations.
• Photos and video: Scene photos, dashcam footage, and nearby surveillance video can show how the crash happened.
• Witness information: Independent witnesses can confirm speed, lane changes, and signals.
• Electronic logging device data: ELD records show the driver’s hours and whether federal limits were followed.
• Engine control module data: The truck’s computer can record speed and braking before impact.
• Maintenance and inspection records: These show whether brakes, tires, and other equipment were properly maintained.
• Dispatch and communication records: These can reveal delivery pressure or driver distraction.

Federal rules generally require trucking companies to keep hours-of-service records for six months, but video and engine data can be overwritten much sooner. A preservation letter sent promptly to the trucking company and its insurer helps protect this evidence.

Investigating the Driver, Carrier, and Other Parties

Truck crashes in Northwest Indiana often involve more than one responsible party. Investigators look at the driver’s conduct, such as speeding, distraction, impairment, or fatigue. 

Under federal hours-of-service rules, most property-carrying drivers can drive no more than 11 hours after 10 consecutive hours off duty, and violations can point to fatigue. The trucking company may be responsible for its driver’s conduct and for its own hiring, training, and maintenance practices. 

Other parties, such as a cargo loader, maintenance contractor, or parts manufacturer, may also share responsibility. Crashes on busy Northwest Indiana routes like I-80/94, I-65, and the Indiana Toll Road often involve interstate carriers with complex corporate and insurance structures. 

Factors That Can Speed a Claim Up

Some claims move more quickly than others. A claim may resolve sooner when there is:

• Clear fault: Liability is well documented by reports, video, or witnesses.
• Shorter treatment: Injuries are less severe and medical care ends sooner.
• One defendant and one policy: A single responsible party and insurance policy simplify negotiations.
• A responsive insurer: The insurer reviews records and responds to demands promptly.
• Organized records: Complete medical records and early evidence preservation help avoid delays later.

Factors That Often Make a Claim Take Longer

Other factors commonly extend the timeline, including:

• Serious injuries: Surgery or long-term treatment takes longer to value.
• Fault disputes: Indiana’s comparative fault rule can bar recovery if an injured person is found more than 50% at fault, so insurers often contest fault.
• Multiple defendants and policies: Several companies and layered insurance coverage add complexity.
• Expert analysis: Accident reconstruction or medical experts may be needed.
• Government or wrongful death claims: These involve additional procedures and requirements.
• Litigation: A lawsuit and the court’s schedule can add significant time.

Deadlines Continue While Negotiations Are Ongoing

Talking with an insurance company doesn’t stop the clock. The two-year deadlines for personal injury and wrongful death claims continue to run during negotiations. Claims against government entities, such as a crash involving a state or local government truck, require a written tort claim notice within a much shorter period, often within months of the crash. Because the exact deadline depends on the type of claim and the defendant, it should be confirmed with an attorney early.

When Injuries Can Be Valued Responsibly

A claim generally can’t be valued responsibly until your medical condition has stabilized and your doctors can describe your long-term outlook. Settling too early can mean accepting an amount that doesn’t cover future treatment or lost earning capacity.

Valuation considers two kinds of losses. Documented economic losses include medical bills, future treatment costs, lost wages, reduced earning capacity, and property damage, all supported by records. Non-economic losses, such as pain and suffering, emotional distress, and loss of enjoyment of life, are more fact-specific and depend on how the injuries affect your daily life. There’s no formula or fixed multiplier for these losses, and every case depends on its facts.

Demand and Insurance Negotiations

Once injuries can be valued, your attorney typically prepares a demand package presenting the evidence of fault, medical records, bills, and documentation of future losses. The trucking company’s insurer then evaluates the claim and responds, often with a lower offer or a dispute about fault or damages.

Commercial trucks often carry higher insurance limits than passenger vehicles. Federal rules generally require interstate carriers of general freight to carry at least $750,000 in liability coverage, and many carry more, along with excess or umbrella policies. However, available coverage depends on the specific policies and the carrier’s operation, so it can’t be assumed. Negotiations may take several rounds and sometimes include mediation.

What Changes After a Lawsuit Is Filed

If negotiations don’t produce a fair offer, filing a lawsuit moves the case into the court system. The general sequence looks like this:

1. Filing and service: Your attorney files the complaint and serves the defendants, who then respond.
2. Discovery: Both sides exchange documents, answer written questions, and take depositions of drivers, company representatives, and witnesses.
3. Expert work: Experts in accident reconstruction, trucking safety, medicine, and economics may prepare reports.
4. Motions: Either side may ask the court to rule on legal issues before trial.
5. Mediation or settlement talks: Many cases settle during litigation, often after key depositions or expert reports.
6. Trial: If the case doesn’t settle, a judge or jury decides fault and damages.

You decide whether to accept a settlement offer, with your attorney’s advice, while the court controls the schedule. Not every case follows the same path, and many resolve well before trial.

How Schafer & Schafer Can Help

Schafer & Schafer is a family-owned Northwest Indiana firm founded by attorneys Timothy and Francis Schafer and joined by Timothy Schafer II, Todd Schafer, and Lauren Schafer. With more than 100 years of combined experience and a practice devoted exclusively to personal injury and wrongful death cases, we send preservation letters early, investigate trucking companies and drivers, and work with experts to build claims that reflect the full impact of a crash. We also represent people hurt in car accidents involving commercial vehicles.

Our family works with your family to manage deadlines, insurers, and the legal process so you can focus on recovery. Consultations are free, and you don’t pay unless we recover for you. No outcome or timeline can be guaranteed, but acting early helps protect your options. 

Contact Schafer & Schafer at (219) 947-1911 for a free consultation.

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Frequently Asked Questions

What is the most important rule to know about Indiana truck accident claim timeline?

The filing deadline. Most Indiana personal injury lawsuits must be filed within two years of the crash, and wrongful death claims generally within two years of the death. Negotiations don’t pause these deadlines, and claims against government entities have much shorter notice requirements.

What evidence or documents should I preserve?

Keep the police report number, photos, witness contact information, medical records and bills, and proof of lost wages. Ask an attorney to send a preservation letter to the trucking company for logs, engine data, video, and maintenance records, which can be lost quickly.

What deadline or next step should I verify first?

Confirm whether a government vehicle or entity was involved, since tort claim notice deadlines can come much sooner than two years. Then confirm the two-year filing deadline for your claim and make sure evidence preservation steps are underway.

Schafer & Schafer Injury Attorneys secured a $7.75 million settlement in a wrongful death case involving a fatal electrical shock drowning at an Indiana marina.

Our investigation showed that electrical safety standards were not followed, creating dangerous conditions in the water. The case centered on standards under the National Electrical Code and the safeguards that should have been in place to protect people using the marina.

A Preventable Electrical Shock Drowning

Water and electricity can be a deadly combination, especially at marinas and docks where electrical equipment is located close to the water. When electrical current leaks into the water, someone swimming nearby can be shocked and lose the muscle control needed to swim to safety. This is known as electric shock drowning.

In this case, our investigation showed that electrical safety standards designed to prevent this type of accident had not been followed.

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.”

The case ultimately resulted in a $7.75 million settlement for the family.

Electrical Safety at Marinas

The National Electrical Code includes specific standards for marinas, docks and similar facilities where electrical systems operate near water.

Those rules are there to protect people from electrical hazards that aren't always visible. A swimmer may have no warning that electrical current is present in the water until it is too late. Following proper electrical codes, inspecting equipment and addressing known electrical problems are critical to keeping marinas safe.

Investigating an Electrical Shock Wrongful Death

Cases involving an electrical shock drowning require a close look at how electricity entered the water and why the dangerous condition was allowed to exist. That can mean examining the electrical system, maintenance and inspection records, applicable codes and safety standards, and whether there were warning signs before the accident.

What Happens When Electrical Safety Standards Aren't Followed?

Electrical codes establish minimum safety requirements. When a marina or property owner fails to follow those requirements, an electrical hazard can put swimmers, boaters and others using the property at risk.

For a family pursuing an Indiana wrongful death claim, determining whether those standards were followed can be an important part of establishing what went wrong and who was responsible. In this case, our investigation established failures to follow National Electrical Code requirements.

Indiana Wrongful Death and Electrical Injury Attorneys

When someone dies because of an unsafe property condition or another person's negligence, the surviving family may have the right to pursue a wrongful death claim. Schafer & Schafer represents families throughout Indiana in wrongful death cases, including cases involving electrical injuries, electrocution, unsafe property conditions and other preventable accidents.

Do I Need an Attorney After a Fatal Electrical Accident?

Electrical accident cases can involve evidence and safety standards that aren't obvious at first.

An experienced Indiana wrongful death attorney can investigate the electrical system and conditions at the property, preserve evidence, consult with electrical and safety experts, and determine whether a property owner or another party failed to meet applicable safety standards. That investigation can also uncover problems that may not appear in an initial accident or incident report.

Talk to an Indiana Wrongful Death Attorney

If your family has lost someone in an electrical accident, drowning or another preventable incident, Schafer & Schafer can help you understand what happened and what options may be available under Indiana law. Our attorneys handle serious wrongful death and electrical injury cases throughout Indiana. Contact Schafer & Schafer Injury Attorneys for a free consultation.

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; the next, 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 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, and 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 a 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 determine who is 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 parent of the deceased.

The right to recover 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 the 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.