You need to file a complaint in the court system against the party responsible for a family member’s fatal truck accident if you want to sue. You may take this step if you qualify to file a wrongful death claim.
An Indianapolis wrongful death lawyer can review your situation and provide more information about the steps of suing the liable party after a fatal truck crash. An attorney may also help your family explore other legal options.
How Do You File a Lawsuit for a Family Member After a Fatal Truck Accident?
You need to provide the correct paperwork to Indiana’s civil court system so you can sue for a family member who died in a truck accident. Generally, you’ll need to make a complaint against the party you believe caused the fatal truck crash.
The court system will expect the complaint to provide information about:
- The causes of the fatal truck collision
- The way the at-fault party caused the truck crash
- The losses your family faces due to a deadly truck accident
Your wrongful death attorney can create and submit the complaint on your behalf to start the legal process. You can learn more about what happens when someone dies in a truck accident and your family’s options by contacting a legal professional today.
Your Case Will Get
The Attention It Deserves
Can You Sue for a Family Member Who Died in a Truck Accident?
You may have a chance to file a wrongful death lawsuit if an attorney can show that someone else caused a loved one’s truck accident through negligence or other wrongful behavior. A lawyer needs to show that you qualify under Indiana’s laws on death from a wrongful act or omission.
Additionally, Indiana only allows specific people to file wrongful death lawsuits for adults. You can only take this step if you’re the personal representative of the deceased. Your loved one may have selected a personal representative, or the court may assign someone to this role.
Exceptions to Indiana’s Rules for Personal Representatives
Indiana allows a parent or legal guardian to file a wrongful death claim after the loss of a child. The state defines children as:
- Anyone under the age of 20, unmarried, and without dependents
- Anyone under the age of 23, unmarried, without dependents, and in an educational program
- A viable fetus
You may file a wrongful death claim if you lose a child in an 18-wheeler, semi-truck, or tractor-trailer crash. You can learn more about how you sue for a family member who died in a truck accident with your attorney.
Who Do You Sue if a Loved One Dies in a Truck Accident?
An attorney can help you sue the party responsible for a fatal truck crash. Depending on your circumstances, you may file a lawsuit against the trucker, the trucking company, or another motorist.
You can discuss liability for the collision and find out how you can sue for a family member who died in a truck accident with a legal professional.
What Happens When You Sue for a Family Member Lost in a Truck Accident?
Your lawyer will present your case in court if you sue after a deadly truck accident. A lawyer will need to identify the liable party and provide proof that they caused the fatal collision and your family’s losses.
The liable party will have a chance to dispute the allegations brought by your lawyer. After both parties present all their evidence, a judge and jury can make a final decision. The court may award your family damages at the end of the lawsuit.
You can learn more about the process of filing a lawsuit after a death from your attorney.
Damages Available if You Lose a Loved One in a Truck Accident
The damages available to your family after a deadly crash involving a dump truck, tow truck, garbage truck, or another large commercial vehicle will vary. Indiana allows you to seek different forms of compensation based on your family member’s marital status, age, and number of dependents.
However, in many cases, the liable party will need to cover the loss of a loved one’s:
- Services or future earnings
- Love, companionship, and affection
- Guidance, training, and care
Additionally, the liable party may need to pay for a family member’s medical, burial, and funeral expenses. You may also receive funds to cover the costs of counseling.
Talk to Us About Suing for a Family Member Killed in a Truck Crash
How do you sue for a family member who died in a truck accident? You can work with our team at Vaughan & Vaughan to file a wrongful death lawsuit against the liable party. We’re ready to guide you through the legal process compassionately.
You can find out more when you call or fill out our online contact form. We can review all your options ,and we always put our clients first.
