Grief doesn’t always work the way you want it to. In the wake of a loved one’s passing, there are some days when your grief feels overwhelming and others when you can carry it with you. When our team recommends that you pursue a wrongful death claim on a loved one’s behalf, we don’t ask you to set down that grief. We encourage you to act on it.
Filing a wrongful death claim gives you the opportunity to address the financial stress a loved one’s death can introduce to your life. More than that, the Frankfort personal injury lawyers who help you file these claims strive to help you secure justice for a loved one killed by someone else’s negligence. You can work with Vaughan & Vaughan to kick off your journey today.
Attorneys Help You Address a Loved One’s Untimely Passing
Caring for someone’s estate after their passing is no easy feat. Even discounting the emotional distress you and your loved ones have to contend with, estate management can force you to learn new skills and negotiate with people you’ve never had before. Who has time to file a wrongful death claim in the face of estate management essentials and your own grief?
Our team recognizes that dozens of new demands are placed on your time after the passing of a loved one. Whether these demands are emotional or part of your day-to-day life, you deserve the space you need to address them. To make the most of the time, you have to file a wrongful death claim, though, you should have a lawyer on your team.
Frankfort wrongful death attorneys know how to make space for your grief while also thoroughly investigating the nature of your loved one’s accident. We can keep you up-to-date on your case’s progress as we:
- Investigate the scene of the accident
- Decypher police reports
- Call in witnesses
- Contact expert witnesses
- Recreate your accident with professional assistance
- Identify and communicate with the liable party
- Manage your settlement offers
- Negotiate with an insurance provider
- Keep track of your relevant filing deadlines
Can You File a Wrongful Death Claim in Indiana?
There are certain states that curb your ability to after a loved one passes away. Fortunately, Indiana is not one of them. You have the right to pursue a wrongful death claim on a loved one’s behalf so long as you are that person’s:
A loved one’s unique living situation may also allow more distant blood relatives to pursue compensation in civil court upon that person’s passing. If you’re unsure as to whether or not you fall into one of these roles, or if you have questions about how your relationship with the deceased changes your approach to your case, let our team know.
Securing Compensation for a Loved One’s Suffering
Like other personal injury claims, wrongful death claims bring the full value of your loved one’s losses to a judge’s attention. If you want to make the person responsible for your loved one’s accident help you with your new financial burdens, you need to establish an estimate of your loved one’s post-accident expenses.
It’s easiest to determine the economic value of a loved one’s suffering by breaking that suffering down into two categories. First and foremost, your loved one suffered tangible losses. Medical bills, property damage, and even lost opportunities to work constitute tangible wrongful death losses, as do your loved one’s funeral and burial expenses.
Secondly, you have to consider the emotional or intangible impact a loved one’s passing has had on your family. A Frankfort wrongful death attorney can give you the tools to integrate the value of emotional distress, mental anguish, loss of consortium, and loss of companionship into your complaint.
Indiana Limits Your Wrongful Death Compensation
Indiana civil courts only allow you to take so much compensation for a loved one’s passing, even in the face of the recklessness that stole your loved one from you in the first place. Even if our team determines that your case is worth more than Indiana’s statewide cap, you may only recover $300,000 in non-economic damages in return for a loved one’s loss.
Fortunately, Indiana doesn’t appear to cap your right to economic damages. You can request coverage for a loved one’s medical and burial expenses without worrying about overstepping an invisible monetary line.
Of course, there are exceptions to the damage caps placed by the state. For example:
- If the deceased had a spouse and/or dependents prior to their passing, those loved ones can pursue wrongful death compensation without a damage cap
- Wrongful death accidents involving children or young adults less than 20 years old see Indiana waive its damage cap
- If medical malpractice results in a loved one’s passing, survivors can demand damages up to $1.8M in value
- A wrongful death involving government negligence may entitle survivors to up to $700,000
If you have concerns about your case’s damage cap or want more information about your support after a loved one’s passing, you can contact Vaughan & Vaughan for legal advice.
Staying on Top of Wrongful Death Filing Deadlines
Indiana limits the amount of time in which a loved one’s survivors may bring complaints forward on those parties’ behalf. Indiana Code §34-11-2-4 caps your right to act on a loved one’s behalf at two years. This means that you have no more than two years to build a wrongful death complaint and bring it to a judge’s attention.
Wrongful Death Lawyers Stand With You
You deserve the opportunity to take legal action against the party you believe to be responsible for a loved one’s death. When you collaborate with a wrongful death lawyer, Frankfort’s best won’t let you go into that fight alone. Vaughan & Vaughan can help you gather the tools you need to make your losses known to both a liable party and an attending judge.
Whether you want to discuss the benefits of a wrongful death case or are ready to take civil action, you can schedule a free case consultation with the Vaughan & Vaughan team. You can reach one of our representatives by calling our office or contacting us through our online form.