You may sue for wrongful death after a car accident in Indiana if someone else caused the crash through negligence or another form of wrongful behavior. Additionally, in most cases, you can only take this legal action if you are the personal representative of the deceased.
An Indianapolis wrongful death lawyer can review your circumstances and help you determine if you qualify to file this kind of legal claim. An attorney can also help you with the lawsuit against the party responsible for the loss of your loved one.
When Can You Sue for Wrongful Death After a Car Accident?
You may file a wrongful death lawsuit after a fatal crash if your attorney can show that another party caused the death from wrongful act or omission. A lawyer can help after a deadly head-on, rear-end, or side-impact collision.
Generally, only a personal representative for the deceased can file this kind of claim according to Indiana’s rules on wrongful death claims. Your loved one may have selected you as a representative, or the court could assign you this role.
Indiana makes an exception to this requirement when dealing with the loss of a child. In this case, a parent or guardian can file a wrongful death claim.
Your Case Will Get
The Attention It Deserves
Should You Sue After a Fatal Car Accident?
You may decide to file a lawsuit against the liable party after a deadly car crash. However, taking this step represents only one option available to your family in the aftermath of a fatal collision.
Your attorney may focus on negotiating with the insurance company that represents the liable party instead. Negotiations can result in a settlement that holds the at-fault driver responsible and allows your family to get a sense of closure after a crash.
You can review both of these options and determine if you can sue for wrongful death after a car accident by contacting a local law firm for a risk-free initial consultation.
What Happens if You Sue for Wrongful Death After a Car Crash?
Your family’s claim may go to court if you sue for wrongful death following a fatal collision. Your attorney will collect and present evidence on your behalf and represent you during all legal hearings.
The liable party’s legal team will also have a chance to present evidence. They may claim that the at-fault driver didn’t cause the fatal crash. A judge and jury will make the final decision about your case if you go to court.
You can learn more about the process of filing a lawsuit after a death in a car accident with your attorney.
Damages Available if You Sue for Wrongful Death
Your family may receive damages to cover a loved one’s medical and funeral expenses after a car accident. Additionally, if you file a wrongful death lawsuit, the court may order the liable party to cover a loved one’s lost:
- Care, companionship, and love
- Future earnings
- Guidance and training
- Services
Note that the damages available to your family will depend on your loved one’s marital status, age, and dependents. You may want to get a lawyer if someone dies in a car accident to better understand the funds available in your situation.
While getting damages cannot replace your loved one, these funds can help with the financial burdens placed upon your family.
How Long Do You Have to Sue for a Fatal Car Accident?
You must file a wrongful death claim before the statute of limitations expires in Indiana. Typically, the legal system will only give your family two years to move forward with a legal claim.
If you wait too long, the court can dismiss your request for compensation, so it is essential that you contact a lawyer quickly for help.
How Long Does it Take to Sue After a Deadly Car Crash?
The court does not conclude wrongful death lawsuits in a set period of time. Therefore, the time it takes for a lawyer to resolve your family’s claim can vary considerably. However, many lawsuits take a year or more to complete.
Your attorney will do everything possible to expedite the legal process, striving to help your family get the damages you need to move forward and get closure after the loss of a loved one.
In some cases, lawyers can resolve these situations more quickly by negotiating a settlement with the insurance company that represents the liable party. Settlement negotiations may only take a few months.
Talk to Us About a Wrongful Death Claim for a Fatal Car Accident
Can you sue for wrongful death after a car accident? You may qualify to file a wrongful death claim if a lawyer can show that someone else caused your loved one’s fatal crash. Our team at Vaughan & Vaughan can immediately investigate the situation.
We have over a century of experience and stand ready to provide the compassionate support you need. Call or complete our online contact form to find out more.
