It’s difficult and painful to lose a loved one. Because of the emotional toll that grief takes, it’s easy to put off dealing with the day-to-day details of life. The realities of life and financial commitments, however, won’t wait. Sometimes it’s hard to know what to do once the unthinkable has happened.
Remember that you are not in this alone. The wrongful death lawyers of Vaughan and Vaughan have extensive experience representing families in these matters. To lose a loved one due to the carelessness of another person is a tragedy, and we recognize the variety of emotions that can accompany such a loss.
Our Delphi personal injury lawyers can help you sort out the law and put the pieces of your life back together. You don’t have to figure it out on your own, and a wrongful death lawsuit gives you the opportunity to seek financial compensation.
When Can I File a Wrongful Death Claim?
Time can slip away when you are coping with grief. It’s important to know that a lawyer can begin dealing with the legal matters of your claim as you process what is happening and begin to heal.
There is a legal time frame of 2 years in the state of Indiana for filing a wrongful death claim. Certain circumstances may affect this statute of limitations, so it’s best to act as soon as possible.
Failing to file in time can leave you ineligible for compensation. You can talk to a wrongful death lawyer in Delphi to learn how to begin your claim so your legal right to seek damages is protected.
Who May File a Claim for Wrongful Death in Indiana?
Wrongful death claims in Indiana are not available to anybody and are subject to certain filing requirements. The Indiana wrongful death statute must be carefully followed when filing a claim.
The claim must be submitted by the personal representative of the victim’s probate estate if the victim was an adult. If the victim was a minor, the claim may be made by the minor’s parent(s) or legal guardian.
How a Delphi Wrongful Death Lawyer Can Help You With Your Claim
Even under the best of circumstances, navigating the legal system can be a frustrating experience. It can be very difficult to give your claim the focus and time it needs to achieve a favorable result when your mind is distracted by the loss of a loved one.
Having a lawyer handle the legal hurdles and specifics of your wrongful death lawsuit will help you be certain that everything is being done properly and in the allotted amount of time.
In addition to giving you more time to concentrate on recovery and loved ones, an attorney can provide you with:
Knowledge of the Law and Legal Procedures
A wrongful death lawyer can help you file a claim in court and present a compelling case. We are well-versed in the statutes and rules pertaining to wrongful death cases and can advise you on your legal alternatives.
In addition, we are aware of the constraints imposed by the law and may help you save time and money by preventing unnecessary missteps.
A Delphi wrongful death lawyer will conduct a comprehensive investigation to gather evidence and identify the responsible parties. For this purpose, your lawyer may enlist the aid of specialists in fields including medicine, forensics, and economics.
If the negligent party doesn’t have enough money to cover your damages, you might still be able to claim compensation from a third party.
Identifying all potentially accountable parties, such as employers, automotive component manufacturers, and even municipal entities, is vital to enhance the chances of getting maximum compensation. An attorney skilled in wrongful death cases can help.
Negotiating Aggressively with Insurance Companies
An attorney can act as your representative while communicating with the insurance provider and help you reach a satisfactory settlement. Your lawyer can aggressively negotiate to ensure that you don’t have to accept a lowball settlement offer.
Representation in Legal Proceedings
A wrongful death lawyer will represent your interests in court if your case proceeds to trial. On your behalf, we will argue the law, provide evidence, and cross-examine witnesses.
Help with Every Step of the Legal System
Those who have recently lost a loved one may find the legal process particularly difficult to navigate. The services of a wrongful death lawyer in Delphi can be invaluable in navigating the legal system and protecting your interests.
Recoverable Damages in a Delphi Wrongful Death Lawsuit
In Indiana, wrongful death claims have variable damage caps based on the circumstances. According to Ind. Code 34-23-1-2 a single, childless adult over the age of 23 dies due to someone else’s negligence, their estate can seek no more than $300,000 in damages plus costs of medical and burial expenses.
In other cases, different damage caps can apply:
In cases of wrongful death caused by medical mistakes, the maximum award for damages is $1,800,000.
The government was negligent in the death of the victim If the wrongful death was the result of government carelessness, the claimant may receive no more than $700,000.
Married or Had Dependents
Wrongful death awards are uncapped if the deceased was married or supported a family. This includes cases where the deceased left behind minor children or other dependents.
Under Indiana law, a person who is either under 20 years of age or 23 years of age or younger and enrolled in an academic program is considered a child. If the victim of wrongful death was a child, no damage cap applies.
Contact a Delphi Wrongful Death Law Firm Today
Wrongful deaths, unfortunately, happen much more frequently than people realize. Wrongful death lawsuits can be filed in response to an incident where someone loses their life, including vehicle accidents, slip-and-falls, and dog attacks.
Legal action is crucial for getting compensation, but it is rarely the first thing on your mind at such a difficult time. If someone else’s carelessness caused the death of someone you love, you should receive just compensation for your devastating loss.
Vaughan & Vaughan is here to help in this situation. We’ve spent many years helping Delphi residents cope with the untimely loss of loved ones. Contact us today for a free case evaluation and learn how we can help.