Losing a loved one is the most devastating tragedy one can endure. When death results from another’s carelessness or wrongdoing, the loss can be even harder to bear. At Vaughan & Vaughan, we understand the devastation caused by wrongful death all too well.
For decades, our Greenfield wrongful death lawyers have helped hundreds of Indiana families find closure after avoidable fatalities by holding negligent parties fully accountable.
We know the legal process surrounding wrongful death claims can be complex and emotionally taxing. That’s why our Greenfield personal injury lawyers are dedicated to providing compassionate yet tireless advocacy from the initial consultation through resolution.
What Is a Wrongful Death Claim?
A wrongful death claim seeks to hold those responsible for an untimely passing financially accountable. These cases are filed on behalf of the decedent’s surviving loved ones and estate after a loss of life caused by negligence, car accidents, construction accidents, or other blameworthy actions.
Pursuing compensation can be a lengthy endeavor, often involving extensive investigation, evaluating liability among multiple parties, potential litigation proceedings, and ensuring maximum compensation is awarded.
A Greenfield wrongful death attorney handles every aspect with sensitivity, advocating tirelessly to honor the victim’s memory and helping the family receive rightful damages to account for their pain and the life lost.
Investigation and Liability
The first step is performing a diligent investigation to uncover the details surrounding the incident. We obtain medical records, police reports, and witness testimony and conduct inspections to establish whether another party breached their duty of care.
Our wrongful death attorneys are relentless in their investigation, ensuring no possible sources of information are left unturned. We may consult expert witnesses like accident reconstructionists, medical specialists, and engineers to properly analyze the case.
This work lays the foundation for proving negligence on the part of those who could have prevented the fatality.
Damages in a Wrongful Death Case
Here are the main types of damages that can typically be pursued in a wrongful death case in Indiana:
- Medical expenses: This includes the costs of medical treatment prior to death
- Lost financial support: Compensation for the financial contributions the decedent would have provided to dependents, such as lost income, loss of retirement, and loss of benefits
- Loss of love and companionship: Damages for the non-economic losses suffered by survivors due to the loved one’s death, including loss of care, guidance, training, etc.
- Other losses: Loss of services, loss of companionship, loss of guidance and care are all considered in a wrongful death claim.
- Funeral expenses: Reasonable burial, cremation, and funeral costs are compensable damages that can be recovered.
The goal is to make the families whole again financially and monetarily account for their loss to the maximum extent allowed under Indiana’s wrongful death and survival statutes. A Greenfield attorney who is skilled in wrongful death claims can help ensure all applicable damages are pursued.
The Insurance and Legal Process in a Wrongful Death Claim
Insurance companies play an important part in the resolution of many wrongful death cases. The at-fault party will often have some form of liability insurance that can contribute to compensating the deceased’s survivors.
If the defendant is an individual, their auto or homeowners insurance may cover the claim up to the policy limits. For a business, commercial general liability or professional liability insurance could apply. But, even when the fault is clear, insurance companies don’t just automatically pay out damages.
They’ll investigate the circumstances and liability of their insured. If high damages are possible, the insurer may decide to defend the claim vigorously. The role of your personal injury lawyer in Greenfield is to protect your right to full compensation by negotiating aggressively.
However, insurers also recognize the high costs of litigation. This often leads them to participate in settlement negotiations between the plaintiff’s attorney and their own insured. The insurance payout forms the basis for most out-of-court settlements.
When a Wrongful Death Lawsuit Becomes Necessary
If a settlement can’t be reached, the lawsuit proceeds.
Whether pursuing compensation on behalf of victims of car accidents or other preventable losses, we aggressively pursue all available remedies under the law. Our fatal accident attorneys in Greenfield will not hesitate to stand up in court to ensure you are treated fairly.
Contact a Wrongful Death Law Firm in Greenfield for a Complimentary Case Evaluation
Losing a loved one is a heartbreaking experience no family should have to endure needlessly. At Vaughan & Vaughan, our mission is to provide compassionate, strong legal representation to those grieving in the aftermath of a wrongful death.
With decades of experience litigating complex cases, our legal team has the skill and determination necessary to thoroughly investigate the circumstances and pursue full justice on your behalf.
While no outcome can erase the pain of loss, holding responsible parties accountable can help prevent similar tragedies and provide some sense of justice and closure. Contact our firm today to schedule a consultation where we will answer your questions with patience and care. You do not have to suffer alone – allow our attorneys to lighten your burden through action.