When someone dies in a car accident, their surviving loved ones may have a chance to file a wrongful death claim. The family will also need to take care of funeral and burial arrangements while managing the emotional strain associated with this challenging time.
An Indianapolis wrongful death lawyer can explain exactly what your family should expect in the aftermath of a fatal head-on, rear-end, or side-impact collision. You may reach out to a law firm for help immediately after a crash to get the compassionate support that you need.
What Happens Immediately When Someone Dies in a Car Accident?
In the immediate aftermath of a fatal car accident, the police and emergency services will respond to the scene of the collision. The coroner may visit the scene of the crash, assess the deceased, and remove them from the scene.
After law enforcement finishes with the scene and the coroner identifies the deceased, they can notify the family.
If you received word that you lost a loved one in a collision, you can get compassionate help immediately by contacting an Indianapolis car accident lawyer. You do not have to try to handle this emotionally challenging time alone.
Your Case Will Get
The Attention It Deserves
What Happens Legally When Someone Dies in a Car Accident?
Legally, when someone dies in a car accident, their family and loved ones may have a chance to hold the liable party accountable for the deadly collision. If an attorney can show that someone else caused the crash through negligence, you may have a chance to file a wrongful death claim on behalf of your loved one.
Indiana gives individuals the option to file this kind of claim through the civil court system after a death from a wrongful act or omission. Under the laws in our state, you can only file this type of claim if you are the personal representative of the deceased.
An attorney can review your situation and help you determine if you qualify as a personal representative. Your lawyer can also provide more details about what happens when someone dies in a car accident.
Do You File a Lawsuit if Someone Dies in a Car Accident?
Your family may end up filing a wrongful death lawsuit after a fatal motor vehicle accident. However, this legal process does not happen automatically through the civil court system.
In fact, many families work to settle out of court with help from an Indianapolis personal injury lawyer. You can discuss all of the options available in your situation when you contact a law firm for help.
Does the At-Fault Driver Go to Jail When Someone Dies in a Car Accident?
The driver responsible for causing your loved one’s death may also face criminal charges in Indiana. The criminal court system operates apart from the civil court system, and depending on the decision of the judge and jury, the driver may face penalties like jail time and fines.
Your wrongful death lawyer may provide more answers to questions about the criminal court system, but they will not handle that case. You can learn more about what happens when someone dies in a car accident by contacting a legal professional today.
Does Your Family Get Damages if Someone Dies in a Motor Vehicle Accident?
Your family may qualify for damages if someone else caused an accident that resulted in the loss of a loved one. The damages available will depend on the age of your loved one, their marital status, and whether they had dependents.
Depending on your situation, an attorney may bring your family damages to pay for a loved one’s medical, funeral, and burial expenses. Additionally, in some cases, families receive damages for the loss of a loved one’s:
- Services and future earnings
- Companionship, affection, care, and love
- Guidance and training
In some cases, you may receive payment for reasonable counseling costs. An attorney can explain the damages that your family could receive in more detail.
You Have Limited Time to File a Claim When Someone Dies in a Crash
Indiana has a two-year statute of limitations for most wrongful death claims, including those associated with fatal car accidents. Once the statute expires, your family will lose the opportunity to file a legal claim.
Therefore, you need to move quickly if you lose a loved one in a car accident. An attorney can provide you with immediate support and offer guidance during this challenging time so your family always has someone to turn to for help.
Learn More About What to Do After a Fatal Car Accident with Our Team
What happens when someone dies in a car accident? After a fatal accident, law enforcement will notify the family of the deceased. If you discover you lost a loved one, you can then build a legal claim with a wrongful death lawyer to hold the liable party accountable.
Our team at Vaughan & Vaughan can guide you through the legal process. With over 110 years of experience, we’ll provide you with the compassionate help you need. Find out more by calling or completing our online contact form.
