You must file a complaint against the party you think caused a fatal motorcycle accident to sue for your family member. Filing a complaint will begin a legal process through the civil court system that may allow your family to secure damages after a deadly crash.
An Indianapolis wrongful death lawyer can provide more detailed information about how you sue for a family member who died in a motorcycle accident. An attorney may also help you explore additional legal options.
How Do You File a Lawsuit After a Fatal Motorcycle Accident?
You need to work with a lawyer to submit paperwork in the civil court system to file a wrongful death lawsuit on behalf of a family member who died in a motorcycle accident. Typically, the court requires you to file a complaint against the party responsible for the crash.
The complaint needs to include specific information. Generally, a lawyer will need to include details about:
- The actions that caused the motorcycle accident
- The way the liable party contributed to the crash
- The losses your family faces due to the fatal motorcycle collision
You can learn more about filing a complaint and what a wrongful death lawyer does by reaching out to a professional legal team today.
Your Case Will Get
The Attention It Deserves
Can You Sue for a Family Member Who Died in a Motorcycle Crash?
You may only sue on behalf of a family member if you qualify under Indiana’s laws on death from wrongful acts or omissions. Typically, the state only allows you to sue if a lawyer can show that someone else caused the fatal collision through negligence or other improper actions.
Additionally, Indiana only allows specific individuals to file a wrongful death lawsuit after a fatal motorcycle crash. Typically, the state requires a personal representative for the deceased to handle these legal matters.
However, the state allows parents or legal guardians to file a claim on behalf of a child without this restriction. In these situations, the state classifies a child as:
- Unmarried individuals with no dependents under 20
- Unmarried individuals with no dependents under 23 who attend an educational program
- Viable fetuses
Your lawyer can explain the process of filing a lawsuit after a death, regardless of the age of your family member.
How Long Do You Have to Sue After a Fatal Motorcycle Accident?
Typically, Indiana only gives families two years to file a wrongful death claim after a fatal motorcycle crash. After two years, the statute of limitations will likely run out, and the court can dismiss your claim.
A lawyer can provide more exact information about the time limit for your claim and explain how you sue for a family member who died in a motorcycle accident.
How Long Does a Wrongful Death Lawsuit Take?
The time it takes to resolve a wrongful death lawsuit after a deadly motorcycle collision will vary. Often, lawsuits take a year or more to resolve, but some of them conclude more quickly.
Your attorney may consider other options to resolve your wrongful death claim. For example, a lawyer may enter into negotiations with the insurance company representing the party responsible for the motorcycle crash, eventually securing a settlement on behalf of your family.
Typically, settling out of court takes less time than filing a wrongful death lawsuit. Insurance negotiations may only take a few months.
What Happens After You Sue for a Fatal Motorcycle Crash?
Once you file a wrongful death lawsuit, your lawyer will have a chance to present your case. An attorney will share evidence that shows the liable party caused the deadly collision and demonstrate the full extent of your family’s losses.
The lawyers representing the responsible party will have a chance to counter these claims. After reviewing all sides of the issue, the judge and jury will make a decision about the outcome of the lawsuit.
If the court finds in your family’s favor, you may receive damages to cover the losses your family sustained. For example, the liable party may need to cover your loved one’s burial, funeral, and medical costs, as well as the loss of your family member’s:
- Care, love, and companionship
- Future earnings
- Services
- Training and guidance
The at-fault party may also need to cover counseling costs for your family. Your family’s attorney can track all the losses you sustain and include them in your lawsuit. While money cannot bring back your loved one, it can help you with the financial burdens you face after a fatal motorcycle crash.
Talk to Us About Suing for a Family Member Lost in a Motorcycle Collision
How do you sue for a family member who died in a motorcycle accident in Indiana? You can work with a lawyer to file a complaint against the liable party, holding them accountable for their dangerous actions.
Our team at Vaughan & Vaughan can assist you throughout the legal process. You can call or fill out our online contact form for a risk-free initial consultation.
