Yes, family members could file a drowning claim on behalf of a loved one who has been a victim of a drowning accident. The specific legal process may vary depending on jurisdiction and the circumstances of the incident.
Generally, close family members may have the legal standing to bring a wrongful death claim or a personal injury lawsuit if the victim survives but has severe injuries or if the victim is a minor.
Vaughan & Vaughan offers compassionate legal guidance to drowning accident victims and their family members. We have been in the business for over 110 years and have recovered more than $25 million in verdicts and settlements for our clients. Our Indianapolis drowning accident lawyers will protect your rights. Call us today for a free case evaluation.
Family Members Could File a Wrongful Death Claim After a Fatal Drowning Accident
If you lost a loved one in a fatal drowning accident, we offer our sincere condolences. Taking legal action when you are overwhelmed by grief can be difficult without professional legal support. Our wrongful death lawyers in Indianapolis offer compassionate assistance to surviving family members.
A wrongful death claim is a legal action brought forth on behalf of the victim who has died due to the negligence or intentional actions of another party. This type of legal recourse seeks to hold the responsible party accountable for the untimely death of the victim. It aims to provide compensation to the grieving family for the losses they have suffered.
Who Can File a Wrongful Death Lawsuit?
A wrongful death claim can be filed on behalf of the victim if the negligent actions of another party caused the death. Usually, the personal representative of the victim’s estate or a family member can file a lawsuit.
Each state’s wrongful death statutes determine who can pursue a wrongful death case. These regulations are different between states, so talk to a local attorney to learn more about how your state’s laws impact your case.
In Indiana, after the death of a victim, the personal representative of the victim’s estate files the wrongful death claim under Indiana Code Title 34. Civil Law and Procedure § 34-23-1-1. This can also be a spouse, sibling, parent, or child who survived the victim.
Who can file a wrongful death claim can easily become complicated if multiple parties are involved. If you are unsure whether or not you can file a lawsuit on behalf of your deceased loved one, schedule a free initial consultation with our attorneys.
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Family Members Could File a Claim if the Victim Was Severely Injured
The injured victim usually files personal injury cases. However, if the victim is severely injured and their injuries prevent them from taking legal action, family members could file a lawsuit instead. However, when and how this is possible strictly depends on the laws of each state.
In situations where the injured person is unable to initiate legal proceedings due to incapacitation, family members can step in as legal representatives or guardians to pursue the claim. Such claims may address medical expenses, rehabilitation costs, loss of income, and the emotional toll on the family’s well-being.
The steps you need to take in the legal process also depend on where the accident took place. For example, the possible liable parties and legal procedures could be different for a public pool incident claim and a private pool incident claim.
To find out what avenue is available in your case under your state laws, talk to an experienced drowning accident lawyer. After reviewing your claim, they can determine the legal options for filing a personal injury lawsuit when the victim is physically incapacitated.
Family Members Could File a Lawsuit if the Drowning Accident Victim Is a Minor
In cases where a minor is the victim of a drowning accident, parents typically have the legal right to take action and pursue legal remedies on behalf of their child. Parents may consider filing a wrongful death lawsuit or a personal injury claim against the party or entity responsible for the incident within the state’s statute of limitations.
The options available for parents to seek justice differ between states. Furthermore, the fact that the victim was a minor can impact the case in different ways. The statute of limitation could be extended until after the victim turned 18 years of age. In this case, the victim could file a lawsuit within the statute of limitations that starts from their 18th birthday.
For example, in Indiana, the statute of limitations for most personal injury cases is two years. Therefore, if the victim was a minor, the two-year time frame will start from the victim’s 18th birthday. They should then file a lawsuit before their 20th birthday.
If you are the parent of a child involved in a drowning accident, consult a local personal injury attorney to learn how state laws impact your case. The lawyer will help you understand your rights and make an informed decision about how to protect your child’s future.
There Is a Limited Time To File a Drowning Accident Lawsuit
Family members should be aware that there is a limited time frame (known as the statute of limitations) for filing a lawsuit on behalf of their loved one. The specific time limit varies by jurisdiction, but it typically starts from the date of the incident.
The deadline can also change based on the type of case and specific details. For example, a personal injury case could have a different deadline than a wrongful death lawsuit. Still, in some states like Indiana, personal injury claims and wrongful death claims must usually be filed within two years.
Consult an attorney to ensure compliance with the applicable statute of limitations. Failing to file within the specified timeframe may result in the loss of the legal right to pursue a claim. By initiating legal action within the stipulated timeframe, families can better position themselves to win the case.
Our Drowning Accident Attorneys Can Help Families File a Claim
If your loved one was involved in a drowning accident and you are not sure if family members could file a lawsuit, consult our legal team. At Vaughan & Vaughan, we believe in empowering our clients to seek justice by giving them all the information they need to make informed decisions.
We understand that after a family member is involved in a drowning incident, you may not know where to turn for help. Our compassionate legal team is available 24/7 to offer you support and guidance. Contact us today, and we can get started on your case.
