Compassionate and Fearless Advocacy After the Loss of a Loved One
The loss of a family member is a tragedy that words cannot fully describe. When that loss is the result of a sudden, preventable car accident, the pain is often compounded by anger and a sense of profound injustice.
Whether the fatal collision occurred on the high-speed curves of the I-465 loop, the congested I-65/I-70 North Split, or a busy intersection near Monument Circle, you are suddenly forced to navigate a world that has been irrevocably changed due to someone else’s negligence.
At Vaughan & Vaughan, we believe that when negligence results in a loss of life, the response must be aggressive and unwavering. And our Indianapolis fatal car accident lawyers are ready and able to fight for your family’s rights under these extremely difficult circumstances.
We have been a part of the Indianapolis legal community since 1913. For more than 110 years, through three generations of the Vaughan family, we have served as advocates for those who have been wronged.
We are a legacy firm with a fearless reputation for standing up to the world’s largest insurance companies to secure justice for families across Indiana. If you are facing the unimaginable after a deadly crash, our family is here to protect your future.
Your Case Will Get
The Attention It Deserves
Why You Should Trust Vaughan & Vaughan for Your Indianapolis Wrongful Death Claim
Wrongful death litigation in Indiana is complex and governed by strict statutes. These cases require a level of legal credentialing and technical insight that few other firms in the city can match.
The Vaughan & Vaughan Team can offer these benefits to your family after a tragic accidental death:
- Board-Certified Courtroom Strength: Attorney Charles V. Vaughan is board-certified in Civil Trial Law and Civil Practice Advocacy by the National Board of Trial Advocacy. Fewer than 20 lawyers in the state of Indiana hold this exclusive certification. This signifies a proven level of trial excellence that is critical when handling the high stakes of a fatal car accident claim. It also means insurance companies know that we are ready and capable of taking your case before a Marion County jury if they refuse to treat you fairly.
- A Technical Edge in Commercial Fatality Cases: Many fatal accidents on Indy’s highways involve semi-trucks or delivery vehicles. Attorney Charles J. Vaughan holds a Class A Commercial Driver’s License (CDL), providing our team with an inside perspective on the mechanical operations and safety regulations governing the trucking industry. This enables us to identify safety violations that contributed to a fatal crash, which other car accident attorneys might overlook.
- A Legacy of Justice: Our history is marked by high-profile, landmark cases that have shaped our state’s legal landscape. We have the stability, the financial resources, and the reputation necessary to pursue a full recovery for your family, no matter how powerful the negligent party may be.
- Contingency Fee Commitment: We understand the financial strain of losing a family member, especially if they were a financial provider. We work on a contingency fee basis, meaning we advance all litigation costs. We only receive a fee if we successfully recover compensation for your family.
- Available 24/7: Tragedy can occur at any hour. We are available day and night to answer your call and begin working to secure your family’s rights quickly.
There is no fee
unless you win
What Financial Recovery is Available? Understanding Damages in a Fatal Car Accident Claim
In Indiana, the term “damages” refers to the financial compensation that the law allows a family to recover following a wrongful death. Because no amount of money can fully compensate for the loss of a loved one, these damages are intended to provide for the survivors’ future and to provide a measure of justice for the life that was taken.
Indiana divides wrongful death claims into specific legal categories—the General Wrongful Death Act, the Adult Wrongful Death Act, and the Child Wrongful Death Act. Each has its own rules for the types of compensation we can pursue. We can explain which Acts apply to your claim during a free consultation, where we’ll learn more about your unique situation.
In general, these are the categories of financial compensation we can pursue on your behalf:
Economic Damages (Measurable Financial Losses)
- Final Medical Expenses: Before a loved one passes, they may have received significant emergency care at local facilities like IU Health Methodist, Ascension St. Vincent, or Eskenazi Health. We pursue the full cost of those bills so they do not become a burden to the estate or surviving family.
- Funeral and Burial Costs: The reasonable costs of a funeral and a dignified burial or cremation are a standard part of any fatal accident recovery.
- Lost Future Earnings and Benefits: For a spouse or child, the loss of a breadwinner is a financial catastrophe. We calculate and demand the lifetime earnings, retirement benefits, and insurance the deceased would have provided had they survived.
- Loss of Services: This covers the value of the household work, childcare, and maintenance the deceased performed for their family.
Non-Economic Damages (The Human Toll)
- Loss of Love, Companionship, and Guidance: For spouses and children, this is often the most significant part of the claim. It acknowledges the profound emotional void left by the loss of a partner or parent.
- Grief and Mental Anguish: While Indiana’s statutes place specific parameters on who can recover for emotional distress, we take an aggressive approach to ensuring the full weight of the family’s suffering is recognized by the insurance carrier or the court.
Understanding Indiana Fatal Accident Laws
Fatal crashes are common on the high-volume roadways that circle the city. According to the Indiana Criminal Justice Institute, urban centers like Indianapolis see some of the highest rates of fatal traffic collisions in the state.
These general rules apply to wrongful death cases in Indiana:
- Who Can File? In Indiana, a wrongful death claim must generally be filed by the personal representative of the deceased person’s estate. If your loved one did not have a will or an estate plan, we can explain the process of opening an estate in the Marion County Probate Court.
- The Statute of Limitations: You generally have two years from the date of death to file a wrongful death lawsuit in Indiana. However, investigating a fatal crash requires a significant amount of time. We must move quickly to secure dashcam footage, obtain police crash reports, and identify witnesses before memories fade.
- Modified Comparative Fault: Indiana follows a 51% rule for negligence. Even if your loved one was partially at fault for the collision, the family can still recover damages as long as the deceased person’s fault was not 51% or more. We fight tirelessly to ensure the bulk of the responsibility is placed on the party that truly caused the tragedy.
We Will Deal with Insurance Companies During This Tragic Time
Insurance companies are often at their most aggressive following a fatal accident. They know that the potential damages in a death claim are high, especially in a car accident lawsuit, and they may attempt to contact you shortly after the funeral to offer a quick settlement and cut their losses.
These initial offers are designed to save the insurance company money and rarely reflect the full lifetime cost of your loss. At Vaughan & Vaughan, we act as your family’s protector. We handle every call, every email, and every legal filing so that you can focus on the mourning and healing process. Additionally, because Charles V. Vaughan is board-certified, insurance companies are aware that we are not afraid to take your case to court if they refuse to provide a full and fair recovery.
Steps to Take While Grieving and Recovering
If you have lost a loved one, the following weeks are often a blur. When you are able, here are the actions we can take together to protect your family’s legal rights:
- Request a Comprehensive Crash Report: The investigating agency—whether the Indianapolis Metropolitan Police Department (IMPD) or the Indiana State Police—will create a detailed reconstruction report for fatal accidents. We can help you obtain and analyze this data to look for the driver’s negligence.
- Preserve Financial Records: Keep track of the medical bills arriving from Indianapolis trauma centers and the final expense invoices from funeral homes. These form the base of the economic damages in your claim.
- Identify Life-Impact Evidence: Although it may be challenging, gathering photos and videos of your loved one with family members is helpful. This evidence is vital in demonstrating the depth of companionship and love that was lost when calculating non-economic damages.
- Direct All Inquiries to Your personal injury Lawyer: If the at-fault driver’s insurance adjuster calls your home, do not feel obligated to speak with them. Simply state that you have hired counsel and that they should call the team at Vaughan & Vaughan.
- Secure Mobile and Digital Evidence: If your loved one’s vehicle or phone was recovered, keep it as it is. These can contain crucial evidence of the driver’s speed, location, and braking actions at the time of the crash.
- Stay Off Social Media: We advise family members not to post about the accident or the legal process online. Insurance adjusters monitor social media to look for anything they can use to downplay the impact of the loss on the family’s lives.
FAQs About Indianapolis Fatal Car Accident Claims
Can I file a claim if my loved one died of their injuries weeks after the crash?
Yes. As long as the primary cause of death can be medically linked to the injuries sustained in the accident, you have a right to pursue a wrongful death claim. We work with medical specialists to prove that the initial collision led to the ultimate loss of life, regardless of the time that passed in the hospital.
What if my loved one was my adult child with no dependents?
In Indiana, these cases are often handled under the Adult Wrongful Death Act. While the rules for compensation differ slightly for adults who were not married and did not have children, the family can still recover medical and funeral expenses, as well as a designated amount for the loss of love and companionship. This is a complex area of Indiana law that requires a firm with skill, experience, and knowledge to navigate successfully.
Who receives the money from a wrongful death settlement?
The distribution of funds depends on the specific Indiana statute under which the case is filed. In general, after medical and legal expenses are paid, the funds are distributed to the surviving spouse, children, or next of kin. We can work with you and the probate court to ensure that the recovery is handled according to Indiana law and your loved one’s estate requirements.
Can a wrongful death claim be filed for a hit-and-run fatal accident?
Yes. If the negligent driver cannot be found, your family can often file a claim through the deceased’s own Uninsured Motorist coverage. This is a common situation in urban areas of Indianapolis. We will review all available insurance policies—including those of any household members—to identify every potential source of recovery for your family.
Contact Our Indianapolis Fatal Car Accident Lawyers to Learn More Today
When you have suffered the tragic loss of a family member, you need more than just legal advice—you need the legacy and the strength of a family that has been fighting for Indianapolis since 1913. At Vaughan & Vaughan, our fearless advocacy and board-certified trial skills are dedicated to helping your family secure the justice your loved one deserves.
Call us 24/7 at (765) 742-0056 or fill out our online contact form for a free, no-obligation consultation with our team. We are here to fight for your rights and future.
