Can you ever get your life back on track after a loved one’s drowning accident? While civil action can never replace your lost loved one, it can help you pay the bills that come with a loved one’s unexpected passing. Drowning incidents often implicate negligent lifeguards and pool owners, thereby entitling you to compensation from these parties.
Filing a claim while planning a funeral isn’t easy, though. Fortunately, you can turn to the drowning accident lawyers in Kokomo for help. Vaughan & Vaughan employs Kokomo personal injury lawyers who can advocate for your family in the face of fatal negligence. You can reach out to book a free case evaluation with our team today.
What to Do After a Loved One’s Fatal Drowning Accident
Your first priority after a loved one’s fatal drowning accident should be to gather your family together and grieve the loss of that life. Taking legal action against another party while contending with the extreme stress related to a loved one’s tragic loss can lead you to make risky decisions.
Once you feel like you can more accurately assess the circumstances that led to your loved one’s death, you can work with an experienced drowning accident attorney in Kokomo to initiate legal action against the offending party. Our team specifically recommends that you:
Your Case Will Get
The Attention It Deserves
Determine Your Right to Civil Action
You may have the right to pursue legal action in civil court after a loved one’s fatal drowning if you serve as the deceased’s personal representative. No other parties may take action on behalf of the deceased under Indiana law. If you fill this role, you also have an obligation to meet Indiana’s burden of proof proving negligence before you can move a case forward.
If you decide to take legal action against the party believed to be liable for your loved one’s fatal drowning, reach out to an attorney. More specifically, reach out to an attorney as soon as you can. Unfortunately, liable parties tend to try to obscure the evidence in your case in an effort to save themselves money in the long run.
If you work with an attorney, you can challenge that bad-faith conduct, mediate conversations with these parties, and more effectively build a case for compensation. Drowning accident case evaluations with Vaughan & Vaughan come free of charge and do not obligate you to take legal action against the offending party. You can contact us today to book an appointment.
There is no fee
unless you win
Keep an Eye on Indiana’s Criminal Courts
Some fatal accidents can constitute crimes in the eyes of Indiana law. You, however, cannot initiate a criminal case against the offending party. Only the state can. Should the state arrest a particular party related to your loved one’s passing, though, keep an eye on proceedings in criminal court.
Criminal proceedings offer you more than catharsis in the wake of your loved one’s passing. If an Indiana criminal court convicts a party of manslaughter, homicide, or a related criminal charge tied to your left one’s passing, you can submit that conviction to a civil judge.
A conviction can serve as proof of negligence, entitling you and your family to conversation based on your loved one’s losses.
Estimate Your Losses
Speaking of your losses, you have the right to calculate the total value of the losses you and your loved ones sustained in the wake of the deceased’s fatal drowning. The losses you integrate into a personal injury claim, should you choose to pursue one, can include the following:
- Loss of consortium
- Loss of companionship
- Pain and suffering
- Mental anguish
- Medical expenses and post-life care
- Funeral expenses
- Lost wages and income
- Property damage and restoration
Our attorneys can help you determine which of these losses, or what combination thereof, May entitle you to maximize drowning accident compensation.
Find Evidence of Liability
You cannot accuse a party of causing your loved one’s fatal drowning without evidence to prove your point. Indiana, in fact, requires you to meet its burden of proof before you can request damages based on your loved one’s losses.
Fortunately, drowning accident attorneys in Kokomo can investigate your loved one’s passing and bring forward evidence to meet this burden.
The evidence relevant to your loved one’s case will vary depending on the specific circumstances that led to their drowning. This may see you make use of video footage of the accident, photos from the accident, chemical analysis from the scene of the accident, and witness statements.
You can count on our team to call on our professional network so that expert witnesses can contribute their testimony to your pursuit of justice.
Submit a Personal Injury Claim to Indiana’s Civil Courts
Indiana Code section 34-11-2-4 controls the amount of time in which you, as the deceased’s personal representative, may bring a fatal drowning accident claim forward on their behalf. You specifically must act within two years of your loved one’s passing if you want to receive compensation for that loved one’s losses.
Let’s Work Together to Get the Justice Your Loved One Deserves
You deserve the opportunity to recover from the loss of a loved one in a drowning accident. Don’t try to shoulder the financial burden of that recovery on your own. If you’re struggling to pay your bills, consider letting Kokomo’s drowning accident lawyers advocate for your right to financial support.
Vaughan & Vaughan has decades of experience walking families like yours through the civil process without compromising your right to grieve. You can book a free case evaluation with our team today to discuss your right to drowning compensation.
