The state of Indiana understands that families like yours deserve the right to act in the wake of fatal negligence. That’s why the state allows certain parties to file civil claims following the wrongful death of a loved one.
If you can prove that your loved one’s death resulted from someone else’s avoidable negligence, you can demand that the liable party provide you with financial support long after your loved one’s funeral. Brownsburg wrongful death attorneys can help you bring your case before a civil judge.
You can meet with our personal injury attorneys in Brownsburg to discuss what the civil process looks like.
Your Right to Legal Action After a Loved One’s Wrongful Death
Your right to pursue legal action on behalf of a deceased individual hinges on several factors. You are primarily obligated to prove that your loved one’s death stemmed from someone else’s avoidable negligence.
You can bring forward the hard data you need to indicate that a named party owed your loved one a duty of care and violated that duty. In doing so, you may have an easier time going to court.
It can be emotionally difficult to return to the accident scene, though, particularly while you’re contending with your own grief. That’s why Brownsburg wrongful death attorneys can do the bulk of the legwork needed to build your case for you.
We can return to an accident saying, bring forward evidence relevant to your case, and analyze that evidence to effectively name a particular party liable for your loved one’s death.
Personal Executors in Indiana
You may have the evidence you need to prove that a particular party caused your loved one’s death. If you’re not that party’s personal executor, though, you may not have the right to bring a case forward. Indiana only allows a deceased individual’s personal executor to take legal action on their behalf.
Most Indiana residents name a personal executor in their wills prior to their death. The state will assign personal executors to parties who did not name a representative. If you are not sure whether or not you filled this role, you can schedule a meeting with our attorneys. Together, we can determine what your legal relationship to the deceased may be.
Criminal Versus Civil Action
It’s tempting to try and demand criminal justice for someone whose misconduct resulted in your loved one’s death. Unfortunately, you cannot request that the state assume criminal action against a liable party. Only the state can determine whether or not it wants to pursue a criminal case against an offender.
That said, if the state believes an offending party engaged in criminal misconduct, a state representative may call you forward to testify in a criminal case. It’s worth it to keep an ear out for how these cases progress. If the state convicts the party liable for your loved one’s death, that conviction can serve as proof of negligence in civil court.
In other words, a criminal conviction can help you secure the compensation you need to recover after a loved one’s death. With that in mind, you can request that your attorney keep you up to date on the progress of any criminal cases brought against the offending party while your civil case is in progress.
How to Build a Wrongful Death Claim
If you decide that you want to build a wrongful death claim, you need to integrate evidence assigning liability for your loved one’s death into your paperwork. You must meet the state’s burden of proof if you want your case to move forward.
You additionally have a responsibility to calculate the damages you believe you deserve as the deceased personal representative. You can work with a wrongful death attorney in Brownsburg to determine what non-economic and economic losses you can integrate into that complaint. Our team can then do the math to calculate those losses’ possible value.
When to File a Wrongful Death Claim
If you do want to bring a wrongful death claim forward, you need to do so within the deadline set by Indiana Code section 34-11-2-4. This statute serves as Indiana’s personal injury statute of limitations and strives to keep all cases that come before the state’s civil judges up to date.
According to the statute of limitations, the deceased’s personal executor only has two years to complete and file a civil claim. If you miss that deadline, you may waive your right to fair compensation.
Give Yourself Grace
Many families opt out of their right to legal action because the grief of unexpectedly losing a loved one can prove overwhelming. Our team understands that. You do not have to immediately get back on your feet after the death of a loved one. You deserve to take time to grieve, meet with your family, and celebrate your loved one’s life.
You should only begin pursuing legal action against a liable party when you feel emotionally ready. What’s more, should certain elements of the legal process overwhelm you, you should inform an attorney and request additional oversight in those areas.
Our team offers wrongful death services, knowing that these cases are emotionally trepidatious. We do not want to add to your stress. With that in mind, you can meet with our team long before filing a personal injury case to discuss how we balance empathetic services with the pursuit of justice. These meetings are free of charge and do not obligate you to legal action.
Book a Case Evaluation With Experienced Personal Injury Lawyers Today
You don’t have to wait to get justice for a loved one’s death. If you can trace a loved one’s wrongful death to someone else’s negligence, you can take the liable party to civil court. A Brownsburg wrongful death attorney can help you demand fair compensation based on the losses your loved one endured.
You can meet with an attorney from Vaughan & Vaughan today to discuss what the civil process might look like. Our team makes it as easy as possible for you to balance your grief with your right to legal procedure. You can contact us today for more information.