You may file a wrongful death lawsuit against the party that caused a deadly motor vehicle accident in Indiana in some cases. Typically, Indiana allows a victim’s family to file a claim after the loss of a child.
Indiana’s wrongful death statutes require a personal representative for the deceased to file a wrongful death claim for accidents involving adults. In many cases, this personal representative is a family member, but not always.
You can learn more about who can sue for vehicular homicide with an Indiana car accident lawyer.
Can Family Members Sue After a Deadly Car Accident?
The Indiana General Assembly’s laws on death from a wrongful act limit who can file a lawsuit after any deadly accident, including those involving vehicular homicide. Under these laws, parents can file a wrongful death claim for the loss of:
- A viable fetus
- An unmarried child under the age of 20 with no dependents
- An unmarried child under the age of 23 enrolled in some type of educational program
If you lost an adult family member, only the individual’s personal representative (or executor) can file a wrongful death claim.
An Indiana wrongful death lawyer can explain these laws in more detail and explain if the victim’s family can sue for vehicular homicide in Indiana.
Do You Have to Sue After a Fatal Car Crash?
Your family may not have to file a lawsuit to secure damages after a deadly crash. Instead, your lawyer may help you by negotiating with the insurance company that represents the at-fault driver, allowing you to settle your wrongful death claim out of court.
Your Case Will Get
The Attention It Deserves
Does Indiana Have a Vehicular Homicide Law?
Indiana does not have a specific law for vehicular homicide. Instead, motorists who cause fatal accidents may face charges of reckless homicide (or criminally negligent homicide).
Regardless of the legal terms used to describe the event that caused the death of your loved one, an attorney can step in to help your family.
You can learn more about what a wrongful death lawyer does when you reach out to a law firm for help.
Can You File a Lawsuit in Criminal Court for Vehicular Homicide?
After a fatal car accident, the prosecution may file a criminal lawsuit against the individual who caused the death of your loved one. In addition to a criminal case, your family may work with a lawyer to file a wrongful death claim in civil court.
Civil and criminal lawsuits do not move through the same court system. Generally, the civil court system requires a lower burden of proof. However, the civil court system can only award financial damages if your family wins their claim.
The civil court system cannot order the at-fault driver to go to jail or impact their driver’s license. You can learn more about these systems when you contact an Indiana fatal car accident lawyer.
Is Your Family Eligible to File a Wrongful Death Claim?
A lawyer can help your family with a wrongful death claim if someone else caused the fatal collision through negligence. An attorney can investigate to see if you qualify to file this kind of claim.
What Happens if You Sue for Vehicular Homicide?
A victim’s family may sue for vehicular homicide in Indiana in some cases. If your family files a wrongful death claim, the party responsible for a fatal accident may have to cover the financial losses your family faced.
The damages available in Indiana will vary based on the age of your lost loved one. If you lost a child, you may get damages to cover:
- Lost companionship and love
- Your child’s medical expenses
- The costs of counseling for your grief
If your loved one was an adult with no dependents, your family may get damages for:
- Burial and funeral expenses
- Your loved one’s medical expenses
- Loss of love and companionship
If your loved one had children (or was married), the court may award all of the above damages along with funds to cover the loss of:
- Affection and love
- Care, guidance, and training
- Loss of future earnings
Your attorney can explain the funds available in your situation.
How Long Do You Have to File a Claim After a Fatal Car Accident?
Generally, Indiana gives families two years to file a wrongful death claim after the loss of a loved one. So, while a victim’s family can sue for vehicular homicide in Indiana through a wrongful death claim, in some cases, you have to move quickly.
If your family (or the personal representative for your loved one) waits too long, the court can dismiss your wrongful death claim.
Speak to Our Legal Team After a Fatal Vehicle Accident in Indiana
Can the victim’s family sue for vehicular homicide in Indiana? Your family may file a wrongful death claim after the loss of a loved one in a fatal motor vehicle accident.
Our team at Vaughan & Vaughan can review your situation and see if you qualify for this kind of claim. We have more than a century of experience, and we’re ready to help your family in this challenging time.
Call or complete our online contact form to learn more.
