How do you begin to recover from a loved one’s wrongful death? While you can’t take up criminal action against the party responsible for your loved one’s passing, you can still take that offending party to civil court. The personal injury lawyers in Fishers are prepared to help you hold a negligent party accountable for all of the losses they’ve forced upon you.
Vaughan & Vaughan’s team of Fishers-based wrongful death attorneys has decades of combined experience tackling these complex cases. You can turn to our team in the wake of a loved one’s passing for legal support. In turn, our team can continually advocate for your right to the most possible compensation you might receive for a loved one’s passing.
What to Do After a Loved One’s Wrongful Death
It’s all too easy to feel lost after a loved one’s passing. You have the right to sit with your grief as long as you need to. That said, there are steps you can take to make your long-term recovery a little easier. These steps can include the following:
Prepare for Post-Death Care
The one thing no one prepares you for in the face of a loved one’s death is the amount of paperwork you have to fill out. You or another familial representative need to contact your loved ones, arrange a funeral, and check in with the deceased’s personal executor. This process can be particularly painful, not to mention structurally difficult.
Fortunately, you can call on your support system throughout this process. Your loved one’s personal executor can guide you through the legal process of recording a loved one’s death. These parties may also have specific instructions and financial support from the deceased to enact their post-life wishes.
With that in mind, make sure you talk with a person’s personal executor before engaging in any post-death care. Once you’re both in the know, you can more effectively complete your essential paperwork.
Look Into the Deceased’s Will and Estate
It’s particularly important to go over a loved one’s will in the wake of their passing. Some parties include post-death instructions in their will that a personal executor should carry out. Others simply distribute property between applicable parties. You should work to see that the property is appropriately distributed.
That said, don’t feel like you have to oversee that process alone. The distribution of property following a loved one’s death can be particularly emotional. When in doubt, call on a lawyer to mediate the process. An attorney can step in if the distribution grows heated and keep the proceedings moving.
Talk to an Indiana Wrongful Death Attorney
If you feel your loved one’s passing stemmed from another party’s unchecked negligence, you may have the right to assume legal action against that party. You can meet with a Fishers wrongful death attorney to discuss your right to a wrongful death lawsuit immediately following a loved one’s death.
It’s our responsibility to determine whether or not you have the right to bring a wrongful death case forward against an offending party. If you do, we can begin to compile evidence of the defendant’s wrongdoings for your later use. You can learn more about the representative services Vaughan & Vaughan offers during a free wrongful death case evaluation.
Criminal Versus Civil Proceedings After a Wrongful Death
The negligence that led to your loved one’s wrongful death may have been criminal in nature. That said, you cannot assume criminal action against the liable party. Only the state of Indiana can. You only have the right to take civil action against the offending party. That action can award you the financial support you need to overcome your most immediate economic burdens.
That said, it’s important for you and your family to keep an ear out for any criminal proceedings raised against an offending party. If Indiana’s criminal courts declare a liable party guilty of criminal misconduct, those findings may influence your civil case. You can often submit guilty verdicts as proof of negligence to a civil judge if you choose to pursue a personal injury case.
How to Take Civil Action After a Loved One’s Wrongful Death
All that said, how do you initiate a civil case against the party responsible for your loved one’s death? First and foremost, you must act within Indiana’s personal injury statute of limitations, or Indiana Code section 34-11-2-4. That statute limits your actionable time to two years.
In those two years, you need to compile evidence of the liable party’s negligence. You must also calculate the economic value of your loved one’s passing. If your case moves forward in civil court, a judge may award you compensation equivalent to or exceeding the value of those losses.
You can rely on a wrongful death lawyer in Fishers to guide you through this process. Our team makes a concentrated effort to give you the space you need to grieve while also staying on top of your legal deadlines. We can even interface with a liable party on your behalf to limit your contact with an offending party.
Let Vaughan & Vaughan Act on Your Behalf
There’s no easy way to describe the grief you may feel in the face of a loved one’s wrongful death. It’s not fair for you to have to undergo that sense of loss. While our attorneys can’t help you heal that grief, we can give you the means to get justice on a loved one’s behalf. Our efforts can help you secure the compensation you need to overcome your financial losses.
You don’t have to try and teach yourself civil law while contending with your grief, either. Vaughan & Vaughan’s wrongful death lawyers in Fishers, IN, are prepared to represent you both in and out of court. You can learn more about the services we’re prepared to provide you during an initial case evaluation.
You can contact our wrongful death lawyers today for more information on your right to legal action.