Insurance companies or a judge and jury may determine fault for a car accident where someone dies in Indiana. Responsibility for determining fault will depend in part on the steps you take after losing a loved one in a fatal accident.
For example, you may hire an Indianapolis wrongful death lawyer to collect evidence and negotiate with the insurance company representing the at-fault driver. In this situation, the insurance company plays a role in determining fault.
If the insurance company doesn’t negotiate fairly, your lawyer can help with a wrongful death lawsuit, allowing a judge and jury to make a final decision about fault for the collision.
Lawyers Need to Prove Fault in a Fatal Car Accident
An Indianapolis car accident lawyer will need to establish another party’s liability after a fatal collision before anyone can determine fault for the crash. In short, your family’s attorney needs to show that:
- Someone else owed your loved one a duty of care
- The liable party did not properly uphold this duty
- The other party’s actions directly caused the fatal accident
You can learn more about establishing negligence by contacting a local law firm for help.
How Do Lawyers Establish Fault?
Attorneys can collect evidence after a fatal crash to establish negligence and liability. Depending on the situation your family faces, a lawyer may:
- Visit the scene of the fatal crash
- Get a copy of the official police report
- Speak to eyewitnesses and take official statements
- Look for photos or surveillance footage of the crash
Getting help right away can improve your lawyer’s chances of collecting all relevant evidence. Your attorney can also explain in more detail what happens when someone dies in a car accident and who determines fault in a car accident where someone dies.
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Establishing Fault with an Insurance Company After a Fatal Crash
Once your attorney collects evidence about a fatal collision, they may negotiate with the insurance company that represents the driver believed to hold liability for the accident. Representatives from the insurance company will review the evidence and information about the losses sustained by your family.
The company may accept the evidence and agree that the other driver caused the crash and all of your family’s losses. In this situation, the negotiations may result in a settlement. Negotiations may take several months in cases involving deadly car accidents.
However, the insurance company may deny responsibility for covering your family’s expenses or undervalue your claim. In this situation, your attorney may need to explore other legal options.
Establishing Fault with a Wrongful Death Lawsuit After a Fatal Crash
If the insurance company does not treat your family fairly, your lawyer may turn to the court to determine fault after a deadly motor vehicle collision. Indiana allows a personal representative for the deceased to file a lawsuit for death from a wrongful act or omission.
If your case goes to court, an attorney will need to present evidence to the judge and jury, question witnesses, and represent your best interests. The at-fault driver will likely work with a lawyer, who may try to blame someone else for the crash.
You can get professional help with a lawsuit, so you don’t have to handle these challenges alone. Your attorney can also give you more information about who will determine fault in a car accident where someone dies.
The Responsible Party May Need to Cover Your Family’s Losses
Once the insurance company or a judge and jury determine fault for a fatal crash, the liable party may need to provide funds to address the damages faced by your family. Depending on your circumstances, you may receive compensation for your loved one’s funeral and medical expenses.
The liable party may also also need to cover the loss of your loved one’s:
- Future earning
- Guidance and training
- Care, love, and affection
In some cases, the at-fault driver will need to pay reasonable counseling fees for your family. You can discuss all potential damages with your attorney. Money cannot bring back your loved one, but it can help your family handle the financial pressures you face after a deadly crash.
How Long Do You Have to Establish Fault for a Fatal Car Accident?
Indiana has a two-year time limit to file a wrongful death claim after most deadly motor vehicle accidents. Your family must take legal action before this statute expires, or the legal system will reject your request for damages.
You can immediately move forward with your legal claim by contacting a lawyer for help.
Talk to Us About Fault for a Deadly Car Accident in Indiana
Who determines fault in a car accident where someone dies? Final responsibility for this decision could fall on several parties, depending on the method your lawyer uses to help your family seek compensation.
Our team at Vaughan & Vaughan can assess your situation and provide more detailed information about it. To learn more, call or complete our online contact form.
