The overall worth of a wrongful death claim for a fatal car accident will depend on the specific losses caused by the collision and the deceased’s age, marital status, and number of dependents.
An Indianapolis wrongful death lawyer can provide more detailed information about the damages your family may receive after a fatal collision. In many situations, your family may receive damages to cover a loved one’s funeral, burial, and medical expenses.
What Determines the Value of a Fatal Car Accident Claim?
The legal system in Indiana will determine the value of your family’s wrongful death claim based on the losses that you face after the crash and some facts about your loved one. For example, Indiana varies the damages available for children and adults.
Indiana also changes the damages available based on an adult’s marital status and whether or not the deceased had dependents. You can get more exact information about how much cases are worth when someone dies in a car accident by contacting an Indianapolis personal injury lawyer.
Your attorney can also provide more information about the damages available in your situation. While money cannot bring back your loved one, damages can help you deal with the financial pressures you experience after a crash.
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What Damages Can You Receive When Someone Dies in a Car Crash?
If you lose a loved one in a car accident, you may qualify for damages to cover their medical, burial, and funeral expenses. The final value of these losses will vary considerably on a case-by-case basis.
Additionally, the liable party may need to provide compensation for:
- Loss of companionship, care, and love
- Loss of services and future earnings
- Loss of training and guidance
Finally, some wrongful death claims will force the at-fault party to cover the costs of counseling for surviving family members.
These damages are not available in all wrongful death cases. Therefore, you should speak to a lawyer about the specifics of your circumstances and how much cases are worth when someone dies in a car accident.
Will You Receive Damages if You Lose Someone in a Car Accident?
The party responsible for a deadly car accident may need to provide funds to cover the financial losses you sustained if you lost a family member. Generally, Indiana will only award damages to a spouse, parent, or dependent family member.
Legal professionals recommend that you get a lawyer if someone dies in a car accident so your attorney can review your circumstances and help you determine if you qualify to receive damages.
How Do You Receive Damages After a Deadly Car Accident?
You have two primary options available to secure damages for your family after the loss of a loved one. In many cases, an attorney may help you settle with the insurance company that represents the at-fault driver through negotiations.
If the insurance company does not treat your family fairly, your attorney can help you file a wrongful death lawsuit instead. Your lawyer will review all available options and help you select the avenue that works best for your family.
You can rely on an attorney to put your family first and provide compassionate assistance during this challenging time.
Can You File a Wrongful Death Claim After a Fatal Crash?
Indiana’s laws on death from a wrongful act or omission generally only allow a personal representative for the deceased to file a claim. Your loved one may have selected a representative through a legal document, like a will.
If your loved one did not pick a personal representative, the court may assign one for your family. The personal representative does not necessarily receive damages at the resolution of the wrongful death claim.
Instead, damages generally go to the estate, spouse, and dependents of the deceased.
Parents and Guardians Can File a Wrongful Death Claim for a Child
Indiana’s laws make an exception to the rules about who can file a wrongful death claim in cases involving children, which Indiana classifies as:
- Viable fetuses
- Unmarried people without dependents under the age of 20
- Unmarried people without dependents under the age of 23 who attend an educational program
In these cases, a parent or guardian can file a wrongful death claim.
How Long Does it Take to Get Damages After a Fatal Accident?
The time it takes to resolve a wrongful death claim will vary. Your attorney may complete negotiations in only a few months, while a lawsuit could take a year or more.
Talk to Us if You Lose Someone in a Car Accident
How much are cases worth when someone dies in a car accident? The final damages award for wrongful death cases involving motor vehicle accidents will vary. Our team at Vaughan & Vaughan can review your family’s specific losses.
We’re ready to help you and hold the at-fault driver accountable. Call or complete our online contact form to learn more.
