The decedent’s personal representative can make a wrongful death claim. This representation is often appointed by a court or named in the decedent’s will. Although the personal representative is the party who files the claim, they aren’t always the person who receives compensation.
According to Indiana law, the family of the decedent receives damages from the claim. Filing a claim can be difficult, especially if you’re mourning the loss of a loved one. You’ll want to hire a skilled Indianapolis wrongful death lawyer to make your claim as successful as possible. Let’s take a closer look at who can make a wrongful death claim in Indiana.
Parties Who Can Make a Wrongful Death Claim in Indiana
As mentioned above, the decedent’s personal representative is the party who can make a wrongful death claim. In some cases, the personal representative is a close family member, but they may also be the decedent’s attorney or estate planner.
The personal representative isn’t always eligible to receive compensation for a wrongful death claim. According to the law, the decedent’s spouse, children, or other beneficiaries are the individuals who receive damages from a civil suit.
If your spouse, parent, or loved one who has listed you as a beneficiary has passed away, we recommend hiring an attorney to handle your claim. An experienced lawyer can determine who can make a wrongful death claim in your situation and pursue the case results your family deserves.
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The Attention It Deserves
Damages You Can Receive From a Wrongful Death Claim
Now that you understand who can make a wrongful death claim, you’re probably wondering what forms of compensation you can receive from a lawsuit. While most wrongful death claimants receive several common damages, it’s best to consult with an attorney to find out how much compensation your case is worth.
A lawyer can review medical bills, income-related documents, and other forms of evidence to calculate the value of your claim. Depending on your unique situation, you and your family may receive any of the following damages from a winning claim:
- Cost of medical care your loved one received prior to death
- Cost of the funeral and burial
- Your loved one’s pain and suffering
- Loss of companionship
- Loss of consortium
- Loss of future support
How an Attorney Can Help With Your Wrongful Death Claim
Making a wrongful death claim can be a difficult process. If you’re mourning the loss of a loved one who was fatally injured in an accident caused by another party, you’ll want to hire a skilled attorney. A lawyer can investigate the accident and gather the evidence they need to hold the negligent party liable for your pain and financial setbacks.
Here’s what a dedicated legal representative can do to get the most out of your claim:
- Gather accident reports, witness statements, photo and video evidence, medical records, and other forms of evidence
- Use evidence to construct a compelling wrongful death claim
- Calculate the value of your claim
- Represent you in court and fight for a fair verdict
- Comply with important state filing deadlines
- Offer compassionate advice and determine who can make a wrongful death claim in your situation
As you can see, a wrongful death lawyer can do a lot to guide you through the claims process and maximize your compensation. Reach out to an attorney today to get the support and advocacy you need to make it through this trying time.
Statute of Limitations for Wrongful Death Claims in Indiana
Understanding how long you have to file a wrongful death claim is just as important as knowing who can file a wrongful death claim. According to the statute of limitations, you have two years from the day of your loved one’s death to file a lawsuit against the at-fault party.
If you don’t take legal action within this period of time, you won’t be able to pursue compensatory damages any further. Reach out to an attorney as soon as you can after the fatal accident to give them the time they need to file a lawsuit on time.
Once you’ve hired a lawyer, they’ll get started on your case right away, making sure all available evidence is collected and analyzed. No matter how complicated your case is, you can depend on an attorney to file your claim promptly and properly.
Schedule a Free Consultation With a Dedicated Wrongful Death Attorney
At Vaughan & Vaughan, we know how painful it can be to lose a dear loved one in a fatal accident. That’s why we’ll stand by your side throughout the legal process, offering the compassionate support and advice you need to cope with this deeply upsetting time in your life.
Our firm has won over $25 million for grieving family members and individuals involved in other types of accidents. We’re confident we have the experience and resources necessary to get a favorable result for you. Contact us today to schedule a free consultation with an attorney and learn more about who can make a wrongful death claim.
