The process of filing a lawsuit after a death in Indiana typically requires the personal representative of the deceased to submit a complaint to the court against the liable party (also called the defendant).
An Indianapolis wrongful death lawyer can walk your family through the process of filing a lawsuit against the individual responsible for the deadly accident. The court process may involve multiple hearings, which an attorney can handle.
How Do You File a Lawsuit After a Death in Indiana?
The process of filing a lawsuit after a death begins when you submit the appropriate paperwork to the court system. You may need to submit a complaint against the defendant. The complaint should provide information about the following:
- The event that caused the wrongful death
- The acts the defendant committed that caused the accident
- The losses you and your family sustained
The Indiana General Assembly allows you to file a lawsuit after a death from a wrongful act (or an accident caused by another person’s negligent behavior). For example, you may have a chance to file a claim after a car accident caused by drunk driving.
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Who Can File a Wrongful Death Lawsuit?
Indiana has complicated laws regarding who can begin the process of filing a lawsuit after a death. If you lose a child, you may file this kind of lawsuit as a parent.
However, the court system requires a personal representative (or executor) to file this kind of claim for adults. Your loved one may assign a personal representative in a will or another legal document.
If your loved one did not provide information about their personal representative, the court will select this individual. A wrongful death attorney can review your situation and help you determine who can file a lawsuit.
What Happens After You File a Wrongful Death Lawsuit?
Once you file a wrongful death lawsuit, the defendant can respond to the complaint. The defendant may accept your complaint, allowing you to secure compensation or push back against the claim.
If the defendant counters your complaint, the court will set a date for your first hearing. You can rely on an Indianapolis personal injury lawyer for advice about the steps to take throughout your lawsuit.
Your attorney can present evidence on behalf of your family and demonstrate the full extent of your losses.
What Evidence Do You Need After a Death?
Your attorney will collect evidence that demonstrates the liability of another party. Examples of evidence needed in wrongful death claims include:
- Pictures or videos showing the accident
- Official reports about the accident
- Statements from any eyewitnesses
- Information provided by expert witnesses
It’s essential that you hire a wrongful death lawyer quickly after an accident to have the best chance of securing all relevant evidence.
What Damages Can Your Family Secure?
Your family may get damages to cover the financial strain caused by a fatal accident through a wrongful death lawsuit. The exact funds available will depend on the age of your loved one and whether or not they had dependants or a spouse.
Depending on your circumstances, your family may receive payment for:
- Funeral and burial expenses
- Your loved one’s medical expenses
- Loss of future earnings
- The cost of counseling
- Loss of love, companionship, and affection
Your lawyer can assess all the losses available to your family. While a personal representative may need to file a wrongful death lawsuit, the court typically awards damages to the family and dependents of the deceased.
Do You Have to File a Lawsuit After a Death?
While you may choose to file a wrongful death lawsuit after a fatal accident, your legal team may also help you settle out of court. Settling with the insurance company may allow you to secure damages more quickly than going through the court system.
Additionally, settling with the insurance company after a period of negotiations can help you avoid court fees.
How Long Do You Have to File a Wrongful Death Lawsuit?
You must begin the process of filing your wrongful death lawsuit before the statute of limitations expires in Indiana. The state typically gives you only two years to move forward with this kind of legal claim.
If you wait too long, the court can dismiss your claim for damages. Therefore, we recommend that you contact a lawyer immediately for assistance.
Learn More About Filing a Lawsuit After Death with Our Team
What is the process of filing a lawsuit after a death in Indiana? To begin this legal process, a family member or personal representative must submit a complaint to the court.
You can get help handling the legal process with a wrongful death lawyer from our team at Vaughan & Vaughan. You can learn more about what a wrongful death lawyer does with our team. Call or fill out our online contact form to learn more.
