The death of a loved one can be devastating. When the loss could have been avoided if it weren’t for the negligence of another party, it can be a challenge to move forward. Beyond the emotional impact of this type of loss, you may also face significant financial difficulties. While you likely aren’t focused on money, recovering compensation can be critical.
At Vaughan & Vaughan, we know how challenging just getting by can be at a time like this. The last thing you need is to be worried about pursuing a lawsuit or insurance claim. Our team of wrongful death lawyers serving Crawfordsville has been helping the family members of victims get the money they need for more than 100 years.
Let us take care of your financial future so you can focus on your family during this difficult period. Give us a call or complete our online contact form to schedule a free consultation with a member of our team today.
Establishing Liability Following a Wrongful Death
You can’t begin your pursuit of compensation in a wrongful death case until you first identify who is to blame for the death of your loved one. Even when fault seems clear-cut, proving liability can often be challenging. In most cases, a variety of parties could hold a level of liability for the death.
Fortunately, you do not need to work to establish responsibility for the death of your loved one on your own. An experienced Crawfordsville wrongful death lawyer will know what to look for as they work to determine fault in your case.
Pay Attention to all Deadlines When Filing a Wrongful Death Lawsuit
Indiana generally permits the loved ones of wrongful death victims to file a lawsuit against the liable party up to two years after the date of death. Missing this filing deadline could result in losing your right to claim compensation from the responsible party.
However, depending on the details of your case, there may be some flexibility to this deadline. In certain circumstances, the loved one of a wrongful death victim will be permitted to file a lawsuit long after the typical two-year deadline has passed.
Alternatively, you may also find that specifics regarding your case put further limitations on the length of time you have to file. For example, if the at-fault party was a government entity, you could find that you have months rather than years to submit the required paperwork. Hiring an experienced wrongful death lawyer is the best way to ensure all deadlines get met.
Steps a Crawfordsville Wrongful Death Attorney Will Take
After you hire a wrongful death lawyer to handle your case, they will take a variety of actions to ensure you recover the money you need. One of the first things your attorney will do will be to conduct their own investigation of the accident to determine fault and gather evidence to support your compensation claim.
The next step will be to assess your losses and establish what damages you can claim. After your attorney has calculated how much your case is worth, they will either file a claim with the liable party’s insurance provider or submit a wrongful death lawsuit with the court.
If pursuing compensation through a lawsuit, your lawyer will proceed through the steps of the pretrial process. Once that is complete, they will represent your interest at trial if necessary. At every step of the way, your attorney will also be in communication with the opposition, attempting to negotiate a settlement agreement that works for you.
Recoverable Damages Following a Wrongful Death
After the loss of a loved one due to the negligence of another party, there are various damages you will likely be able to recover. However, determining the exact damages that apply to your case can be a challenge.
By hiring an experienced wrongful death attorney in Crawfordsville, you can ensure that they will be able to identify all the damages you are able to claim so that you can recover all the damages to which you are entitled. All recoverable damages are divided into three primary categories.
Economic damages are all the losses you endured that had a monetary impact. Because of the nature of these losses, they are by far the most easily quantifiable damages you can claim. Some of the most commonly recovered economic damages in wrongful death cases include:
- Funeral expenses
- Burial costs
- Medical bills for treatment the deceased received before their death
- Lost wages for work you missed because of the death of your loved one
- Lost future earnings of the deceased
Non-economic damages are all the other losses caused by the death of your loved one. These damages are extremely varied, and placing a monetary value on them can be a challenge. Some of the most commonly recovered non-economic damages in wrongful death cases include:
- Loss of companionship
- Loss of consortium
- Lessened quality of life
- Emotional distress
- Pain and suffering
- Mental anguish
Rather than focusing on the losses suffered by the accident victim, punitive damages are all about placing a punishment on the liable party for the role they played in the accident. Punitive damages are meant as a deterrent to discourage similar behavior from happening again.
The court reserves punitive damages for extreme cases. For your case to qualify, the actions of the liable party must have been criminally negligent or performed with the purpose of causing harm.
Contact a Crawfordsville Wrongful Death Lawyer to Schedule a Free Consultation
When pursuing compensation following the death of a loved one, it is critical that you secure the right legal representation for your case. You need a lawyer with a proven history of securing favorable results for their clients in cases similar to your own.
At Vaughan & Vaughan, our team of Crawfordsville wrongful death lawyers can help get you the money you need. Contact us by completing the contact form on this website or giving us a call to schedule your free consultation today.