You should get an autopsy for a wrongful death case if you think an autopsy’s findings might positively impact your fight for wrongful death compensation. Autopsies are not required by law following someone’s untimely death. Instead, they’re most applicable in cases involving product failures, misdiagnosed medications, and undetected injuries.
If you’re not sure whether or not an autopsy may benefit your pursuit of justice, consider discussing the option with an Indianapolis wrongful death lawyer. Our team can candidly discuss the autopsy process and how applicable evidence might fit into your wrongful death claim.
Autopsies Are Not Mandatory After Fatal Accidents
You are not required by law to get an autopsy for a wrongful death case. This process is entirely optional and can cost a bit of money, so our Indianapolis personal injury lawyers recommend you think carefully about whether or not an autopsy may benefit your family’s recovery.
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Who Can Request an Autopsy After a Fatal Accident?
Indiana only allows a person’s personal executor to take legal action on their behalf after their passing. As such, only a personal executor may request an autopsy on behalf of the deceased. If you’re not the deceased’s personal executor, you may not initial a civil claim or request an autopsy.
Are you struggling to figure out whether or not you’re the deceased’s personal executor? Take a look at their will. Most attorneys have their will drafters include the name or names of their personal executors in their final paperwork.
However, some Hoosiers don’t have enough time to draft a will before a fatal accident steals them out of your life. If this is the case, don’t panic. The state may assign a personal executor on your loved one’s behalf. However, you can work with our attorneys to make sure the state considers your relationship with the deceased when assigning this role.
When to Consider Requesting an Autopsy
However, if you decide you want to take legal action in a loved one’s name, getting an autopsy for that wrongful death case may help you bring together the evidence you need to argue that avoidable negligence led to your loved one’s passing.
Unfortunately, it’s in your best interest to request an autopsy as soon as you can after a loved one’s passing. The longer you wait, the harder it may be to get the evidence you need. What’s more, your ability to complete an autopsy will hinge on when you intend to bury or cremate your loved one. Medical examiners cannot complete autopsies without access to a body.
With that in mind, consider getting in touch with a lawyer sooner rather than later to discuss the pros and cons of an attorney. You can contact our Indianapolis wrongful death lawyers immediately following a loved one’s death to discuss your right to a civil case.
Be Aware of Indianapolis’s Personal Injury Statute of Limitations
You’re up against more than a funeral date when it comes time to consider an autopsy. You may only use evidence found in an autopsy to argue for your right to damages up until Indiana’s personal injury statute of limitations expires.
In other words, you only have two years to file a wrongful death claim against the party allegedly liable for your loved one’s death. You cannot use evidence found in an autopsy to argue for accident compensation if your right to file your claim expires.
How are you supposed to manage all of these deadlines while also giving yourself the space you need to grieve your loved one’s death? Our attorneys can manage the legal elements of your recovery. We’ll keep you in the loop while also ensuring you have time to meet with family, celebrate your loved one’s life, and breathe.
What to Expect After Requesting an Autopsy
Once you request an autopsy, medical examiners will assess your loved one’s body with practiced and professional care. These examinations may take place either at a medical examiner’s office or a coroner’s office. Ideally, these parties will begin an autopsy as soon as possible after your loved one’s death.
The process sees medical professionals perform a range of tests to determine what influence any product failures, inappropriate pharmaceutical substances, or external forces may have contributed to your loved one’s death. The final Autopsy Report that you receive should elaborate on what impact, if any, these sources had on your loved one’s passing.
Autopsy results usually take six to ten weeks to receive. You can work with our attorneys to have your report delivered to our office. Once it arrives, we’ll let you know so we can analyze the medical examiner’s findings together.
Discuss Your Options With an Experienced Indianapolis Wrongful Death Lawyer
Requesting an autopsy on behalf of someone you love can prove emotionally challenging, but the process can help you get justice for a loved one’s untimely death. Should you get an autopsy for a wrongful death case, then? The answer varies from case to case.
Our team invites you to discuss whether or not an autopsy may benefit your case during a free case consultation. Vaughan & Vaughan’s wrongful death attorneys in Indianapolis, IN, can outline what the process entails and how it might impact your fight for compensation. Book your appointment before your case’s statute of limitations expires.
