You can sue after the loss of a family member by filing a wrongful death claim in Indiana. However, you may only file a lawsuit if someone else caused the death of your loved one through a wrongful act or omission.
Additionally, Indiana only allows specific individuals (called personal representatives) to sue after a fatal accident. You can determine if you qualify to file a lawsuit by contacting an Indianapolis wrongful death lawyer for help.
How Can You Sue for a Dead Family Member?
You can file a wrongful death claim to sue after the loss of a family member to death from a wrongful act or omission. You can sue if a lawyer can establish that another party caused your loved one’s death through negligence or other improper actions.
Your wrongful death lawsuit will go through the civil court system in Indiana. It’s possible that the liable party will also face criminal charges, but such charges do not overlap with a civil lawsuit.
You can learn more about what a wrongful death lawsuit is and your eligibility to sue the at-fault party by reaching out to a professional legal team.
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What’s the Process of Suing for a Lost Family Member?
You can sue after the loss of a family member by allowing an attorney to file a complaint against the at-fault party with the civil court system. The court requires these complaints to contain specific information, including details about:
- The accident that led to the loss of your loved ones
- The actions taken by the at-fault party to cause the fatal accident
- The losses your family experienced because of the accident
Once your lawyer files a complaint, the liable party has a chance to respond. Based on this response, the court can schedule a date for all hearings involved in your wrongful death lawsuit.
Why Do Families Sue After the Loss of a Loved One?
Your family may choose to file a lawsuit after a deadly accident to hold the liable party responsible for the loss of a loved one. Suing the at-fault party will hold them accountable and may give your family a sense of closure.
Additionally, filing a wrongful death lawsuit can help you secure the damages you need to address the financial pressures caused by a fatal accident. Money cannot return your loved one, but it may help with the costs of a loved one’s medical, burial, and funeral expenses.
In some cases, Indiana also allows your family to secure funds to cover the following losses:
- Love, companionship, and affection
- Guidance, training, and care
- Future earnings
- Services
If you lose a child, you may qualify for funds to cover reasonable counseling expenses. An attorney can review your situation and provide detailed information about the damages available to your family.
Can Anyone Sue After the Loss of a Family Member?
Indiana restricts the number of people who can file a wrongful death lawsuit. The state’s regulations for eligibility vary, depending on whether you lose a child or another family member.
Who Can Sue After the Loss of a Child?
Parents or legal guardians can file a wrongful death lawsuit after the loss of a child. Indiana classifies children as:
- People under 20 if they are unmarried and have no dependents
- People under 23 if they are unmarried, have no dependents, and attend an educational program
- Viable fetuses
In many cases, you should hire a wrongful death lawyer after the loss of a child.
Who Can Sue After the Loss of an Adult?
Only the personal representative of the deceased can file a personal injury lawsuit if your family member does not qualify as a child. Some individuals select a personal representative and leave this information in a legal document.
If your loved one did not pick a personal representative, the legal system can assign someone to this role. A lawyer can help you find the personal representative for your loved one and explain how you sue for a dead family member.
Do You Have to Sue for a Lost Family Member?
You may not have to file a wrongful death lawsuit to resolve legal matters after losing a loved one in a fatal accident. Instead, your attorney may resolve your legal claim by negotiating with the insurance company that supports the liable party.
You can discuss all your family’s available options with a wrongful death attorney in Indianapolis. Keep in mind that you have limited time to file a wrongful death claim, so it’s essential to move quickly after a fatal accident.
Talk to Us About How to Sue for the Loss of a Family Member
How do you sue for a dead family member in Indiana? You need to file a complaint against the at-fault party through the court system to proceed with a wrongful death lawsuit. Our team at Vaughan & Vaughan can explain this process in more detail when you call or complete our online contact form.
