You need to file a complaint against the at-fault party if you want to sue for a family member who died in a car accident. Submitting a complaint to the court system can allow you to begin a wrongful death lawsuit in Indiana. In addition to filing a complaint, you may also have to open an estate for the sole purpose of pursuing a wrongful death action.
An Indianapolis wrongful death lawyer can explain the legal process and help you determine if you qualify to file a claim on behalf of your loved one. Your attorney may also discuss other methods to resolve your legal situation.
Steps to Sue for a Family Member Who Died in a Car Accident
Suing the liable party after a crash that resulted in the death of a family member requires several steps. First, you may get a lawyer if someone dies in a car accident. An attorney can review your situation and determine if you have a valid claim.
If you qualify to file a wrongful death claim, your lawyer can submit a complaint against the liable party to the court. This complaint should contain detailed information about:
- The motor vehicle accident that caused the death of your loved one
- The acts the at-fault party took to cause the car accident
- The losses faced by your family after a fatal car crash
After filing the complaint, the liable party will get a chance to respond. Based on their reply, your claim may proceed to court.
You can learn more about how you sue for a family member who died in a car accident by contacting a professional law firm.
Your Case Will Get
The Attention It Deserves
Can You Sue if You Lose a Family Member in a Car Accident?
If you lose a family member in a fatal motor vehicle accident, you may have a chance to file a wrongful death lawsuit. However, you can only take this step if you qualify for a claim under Indiana’s laws on death from a wrongful act or omission.
Typically, families can only file this kind of claim if a wrongful death attorney can show that someone else caused the deadly collision through negligence, reckless behavior, or other improper actions.
Additionally, Indiana restricts the ability to file a wrongful death lawsuit to the personal representative of the deceased in most cases, except those involving children. An attorney can review your situation, help you determine if you can sue the liable party, and explain how you sue for a family member who died in a car accident.
Do You Have to Sue After a Fatal Car Accident?
You may not have to file a wrongful death lawsuit to secure damages for your family after a fatal car accident. Instead, your attorney may focus on an insurance settlement.
Negotiating with the insurance company may allow you to resolve the legal process more quickly than going through the civil court system. Additionally, settling can help you avoid court fees.
You can discuss all of your options with a legal professional who understands Indiana’s laws on wrongful death claims.
What Happens During a Wrongful Death Lawsuit?
During a wrongful death lawsuit, your attorney will present evidence to show that someone else caused the loss of your loved one. A lawyer may need to question witnesses and make statements on your behalf.
The liable party may hire a lawyer to represent them in court. They will have a chance to make their own case in an attempt to show that they did not cause a fatal car accident.
The judge and jury will listen to both sides and then come to a final decision about who caused the crash. You can learn more about the process of filing a lawsuit after a death and what to expect from the legal process with an attorney.
What Happens at the End of a Wrongful Death Lawsuit?
The court will decide whether the party at fault for the loss of your family member needs to cover your family’s losses at the end of a wrongful death lawsuit. If the court finds in your family’s favor, the liable party may need to cover your loved one’s funeral, burial, and medical expenses.
Depending on your circumstances, the responsible party may also need to cover:
- Lost affection, companionship, and love
- Lost guidance and training
- Your loved one’s lost earnings or services
In some cases, the court will order the responsible party to cover the costs of counseling for your family. While money cannot bring back your loved one, it can help you deal with all the financial pressures you face.
You can learn more about the available damages from your attorney.
Talk to Us About Suing for a Family Member Lost in a Car Accident
How do you sue for a family member who died in a car accident? You need to submit a complaint to the court against the liable party to file a wrongful death lawsuit. You can learn more about the steps in this process with our team at Vaughan & Vaughan.
We’re ready to compassionately support your family after a deadly car crash when you call or complete our online contact form.
