The grief of a loved one’s passing stays with you long after their death. It is more manageable on some days than others. When you compound the grief of someone’s loss with the knowledge that their death could’ve been avoided, matters grow more complicated.
If negligence led to your loved one’s death, a Carmel wrongful death lawyer can investigate your right to legal action. The attorneys of Vaughan and Vaughan have been helping families in Indiana since 1913, and we are here to help you.
Our Carmel personal injury lawyers can give you the space you need to grieve and take care of the legal process for you. We care about your loss- and know your family’s future may be at stake. Contact us today to learn how we can help.
Carmel Wrongful Death Claims Can Be Challenging
Even in cases where the cause of a fatal accident appears obvious, the insurance companies involved may attempt to avoid paying. Insurance companies often present several common challenges when families file a claim after a serious or fatal accident:
Denying Liability
- Insurers may argue their policyholder was not at fault or only partially responsible to reduce the payout.
- They might blame the victim, road conditions, defective products, or other factors.
Disputing Damages
- Insurance adjusters will scrutinize and attempt to minimize claimed damages like medical costs, lost income, emotional distress, etc.
- They may claim future damages are speculative or not fully supported.
Delaying Tactics
- Insurance companies may intentionally drag out the claims process through delays, hoping claimants accept a lowball settlement out of desperation.
- They may repeatedly request additional documentation to prolong negotiations.
Policy Limits
- The at-fault party’s insurance policy may have low liability limits that don’t fully cover all damages.
- Insurers will try to cap payouts at the policy maximums.
Legalese and Bad Faith
- Complex policy language and fine print may allow insurers to deny valid claims.
- Some insurers negotiate in bad faith, providing misinformation or refusing reasonable settlements.
Having an experienced wrongful death lawyer in Carmel levels the playing field against these tactics. An attorney understands how to overcome the challenges and maximize the claim’s true value for clients.
Your Case Will Get
The Attention It Deserves
Accidents Resulting in Wrongful Death
Many types of accidents can result in catastrophic injuries that lead to someone’s death. Some of the most common incidents our attorneys see include:
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Other motor vehicle accidents
- Construction accidents
- Hazardous conditions on another party’s property
There is no fee
unless you win
Your Right to Legal Action After a Loved One’s Death
It is important to understand who can make a wrongful death claim before you begin. Indiana does not allow a person’s siblings, parents, spouse, or children to file wrongful death claims on that person’s behalf. Instead, only the deceased’s personal representative or executor may file a personal injury claim after that person’s death, according to Indiana Code section 34-23-1-2.
Most Indiana residents name a personal executor when composing their wills. If your loved one didn’t have a will, though, the state can elect a personal executor on their behalf.
You can speak with a wrongful death attorney in Carmel to better understand this process. Together, you can explore your right to legal action on a loved one’s behalf.
You Have Limited Time to Act After a Fatal Accident
Personal representatives have a limited amount of time in which they can bring a wrongful death claim forward in Indiana civil courts. Indiana Code section 34-11-2-4 notes that personal executors must investigate a loved one’s death, compile evidence of fault, and present a completed personal injury complaint within two years of that person’s passing.
Personal executors lose the right to file a wrongful death claim after the second anniversary of a loved one’s passing. Unfortunately, grief can prove debilitating in these circumstances, as it can prevent families from taking what legal action they’re entitled to.
Our personal injury attorneys can act on a family’s behalf while you and your loved ones focus on recovering from your grief. We can help you find the balance between legal practicality and the pain of your loss without compromising your right to the damages you deserve.
Damages in a Wrongful Death Claim
Your loved one’s death resulted in two kinds of losses. Their economic losses left you with bills to pay. Common types of damages in a wrongful death lawsuit may include:
- Medical bills
- Funeral expenses
- Loss of income
- Property damage and essential restoration or repair
What’s more, your loved one’s death also left you with non-economic losses. These can include the emotional stress of that wrongful death, your mental anguish, and the loss of companionship endured.
It’s a Carmel wrongful death attorney’s job to find the financial value of these losses. We can then argue for your right to financial compensation.
Use Evidence to Support Your Claim
Whether you’re establishing accident liability or arguing for damages, you need to back every claim your complaint makes with evidence. A wrongful death claim submitted without data establishing a duty of care and a violation thereof may not move to trial.
You’re not obligated to investigate or analyze the evidence related to your loved one’s death. That’s our job. Our wrongful death attorneys in Carmel can work with investigators to gather:
- Video footage of your accident
- Depictions of accident debris
- Statements from bystanders and expert witnesses
- Medical reports
- Police reports
- Statements from insurance providers
We can then compile this evidence to support both an assertion of liability and a demand for fair compensation for your losses.
Contact a Carmel Wrongful Death Law Firm
You have a right to justice after a fatal accident. That said, balancing your need to grieve with the demands of a civil wrongful death claim can prove challenging for even the most disciplined person.
You and a loved one’s personal representative can contact Vaughan & Vaughan to learn more about the legal representation that our team provides to families like yours.
We can fight for the maximum compensation possible so you and your family have the resources you need to contend with the cost of a loved one’s passing. Contact us today to learn about your legal options in a free initial consultation.
