You may file a lawsuit if you lose a family member in Indiana in specific circumstances. The state allows for a wrongful death lawsuit if you lose a loved one because of another person’s wrongful act or omission.
However, Indiana typically only allows a specific person (a personal representative for the deceased) to file this kind of claim. You can find out more about your legal options after a fatal accident in an Indianapolis wrongful death lawyer.
When Can You Sue if a Family Member Dies in Indiana?
Generally, Indiana’s laws on death from wrongful acts or omission give your family a chance to file a lawsuit if another party causes the death of your loved one through negligent or otherwise improper actions.
For example, you may have a chance to sue if a motorist runs a red light and causes a fatal accident or if a trucker falls asleep at the wheel, crosses the center line, and strikes your loved one’s vehicle.
An Indianapolis personal injury lawyer can review the specifics of your family’s circumstances and see if you qualify for a wrongful death lawsuit.
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Who Can File a Lawsuit if a Family Member Dies?
Typically, Indiana only allows a personal representative for the deceased to file a wrongful death lawsuit. Your loved one may have selected a personal representative and left this information in a legal document.
If your loved one didn’t have a chance to select a personal representative, the court can choose someone to fill this role. A lawyer can review your situation and determine if you can sue if a family member dies or if someone else needs to act as a personal representative.
Parents or Guardians Can File Wrongful Death Lawsuits for Children
You have a legal right to file a wrongful death claim if you lose a child due to the wrongful actions of someone else. In this case, you can file a claim as a parent or legal guardian, not as a personal representative.
Indiana defines “children” as any unmarried person under the age of 20 without dependents. The state includes viable fetuses in this category.
Additionally, the state will consider any unmarried person without dependents under 23 a child for legal purposes if the person attends some type of educational program.
Do You Have to Sue if a Family Member Dies?
You may not need to file a lawsuit to resolve your family’s legal claim after a fatal accident. Instead, your attorney may focus on negotiating a wrongful death settlement with the insurance company that represents the at-fault party.
You can discuss all of the options available to your family by reaching out to a professional law firm for help. If your lawyer agrees that you need to sue the liable party, they can explain the process of filing a lawsuit after a death.
What Happens if You Sue After the Death of a Family Member?
Your case will go through the civil court system if you file a wrongful death lawsuit after the loss of a loved one. The party responsible for the loss of your family member may also face criminal charges, but those go through a different part of the legal system.
During the legal process, your attorney will present evidence and represent your family’s best interests to the judge and jury.
A wrongful death claim cannot bring back your loved one, but it can give your family a chance to hold the at-fault party accountable for their deadly actions. A lawsuit can also help you secure the damages you need to address the financial burdens placed on your family by a fatal accident.
Damages Available Through a Wrongful Death Lawsuit
The damages available through a wrongful death lawsuit vary in Indiana. The state allows you to seek different damages depending on the age of your loved one and whether or not your family member had a spouse or dependents.
Depending on your circumstances, you may receive damages for your loved one’s medical, burial, and funeral costs. Additionally, a lawsuit may bring you funds for the loss of your loved one’s:
- Services
- Love, care, affection, and companionship
- Guidance and training
- Future earnings
Additionally, in some cases, the liable party may need to cover the costs of counseling for surviving family members.
An attorney can provide more detailed information about the damages available to your family. Your lawyer can also track all the losses your family sustained after the loss of a loved one to include them in your claim.
Talk to Us About a Lawsuit if a Family Member Dies
Can you sue if a family member dies? You may file a lawsuit in Indiana if you meet the state’s legal requirements. Our team at Vaughan & Vaughan can review your situation and determine if you qualify for this legal action.
We have over a century of experience and can compassionately assist you through the legal process. Call or complete our online contact form to find out more.
