Unexpected accidents are, on their own, inherently traumatic. If an accident stemming from someone else’s negligence results in a loved one’s passing, it may feel impossible for you and your community to recover. You deserve ample time to grieve, remember a loved one’s life, and formulate a plan for moving forward.
What’s more, you deserve the opportunity to pursue justice on a loved one’s behalf. With help from Vaughan & Vaughan, you can. Our wrongful death attorneys in Indianapolis, IN, can take your losses to civil court. There, we can advocate for your right to the damages that can help you and others impacted by a loved one’s death financially recover from that loss.
Can You File a Wrongful Death Claim?
Indiana has specific stipulations in place dictating who can take legal action after a person’s death and who cannot. If you want to take legal action on behalf of someone who’s recently died, you must indicate that you filled one of the following roles in that person’s life:
- Parent
- Sibling
- Spouse
These parties, alongside the deceased’s personal representative, are the only ones allowed to file a wrongful death claim on behalf of another person in Indiana. If you don’t fall into one of these roles, you may have the right to your own personal injury claim, but you may not claim damages based on the deceased’s losses.
You Must File Wrongful Death Claims Within Indiana’s Statute of Limitations
Indiana further requires anyone interested in pursuing a wrongful death claim to file that claim within the state’s personal injury statute of limitations. This statute, Indiana Code §34-11-2-4, allows families to take up to two years to build their claims. Your claim must reach a judge within that two-year period, though, if it’s to be considered by the applicable bodies.
Any attempt to file a wrongful death claim outside of the aforementioned statute of limitations can see that claim denied out of hand. Indiana enforces this statute of limitations to keep the information regarding applicable cases relevant. The state posits that the longer you wait to bring a case forward, the less accurate the information addressing your losses may be.
That said, forcing your family to abide by a filing deadline in the wake of a loved one’s death can seem cruel. Fortunately, you’re not obligated to initiate an investigation into your loved one’s death alone. While you focus on comforting your loved ones, our wrongful death lawyers in Indianapolis can look for data detailing the negligence that led to your loved one’s death.
What Can Wrongful Death Attorneys Do for Grieving Families?
An Indianapolis wrongful death lawyer represents your and your loved one’s best interest when they take on your case. This specifically means that an attorney both prioritizes your right to legal action by investigating a loved one’s death and strives to give you the space to grieve. We work when you cannot so that you can win the justice your loved one deserves.
What does that mean specifically? It means that when you call on an attorney for help, you can count on our team to:
- Outline your complaint
- Find data to defend your claims regarding liability and negligence
- Calculate your total possible compensation
- Fend off insufficient settlement offers
- Parlay with a loved one’s uncooperative insurance provider
- Defend your case before a judge
- Argue for your right to damages in private negotiations
All you have to do to secure the support your family deserves after a loved one’s death is contact an attorney. We can discuss what wrongful death services you need during a free case consultation.
What Information Should You Include in a Wrongful Death Claim?
When you move to compose a wrongful death claim, make sure it includes the following information:
- Whose negligence resulted in your loved one’s death?
- Did that negligence violate the duty of care owed by the named party to your loved one?
- What evidence of that negligence can you present to the court?
- What economic losses did you and your loved one(s) endure due to the aforementioned negligence?
- What evidence of those losses can you present to the court?
Our attorneys can ensure that you address all of this information in an applicable complaint. We can also provide you with the means to defend your position, whether your case goes to settlement negotiations or a civil trial.
What Expenses Can a Wrongful Death Claim Address?
When it comes time to calculate the losses your loved one endured prior to their passing, our attorneys make sure you don’t overlook any of your possible damages. As such, the expenses you can integrate into the sum of a loved one’s damages can include:
- The cost of a loved one’s emergency medical care and long-term treatment
- Property restoration and/or replacement
- At-home assistance, including hospice care
- Wages lost
- Long-term loss of income resulting from a loved one’s death
- Loss of consortium
- Loss of companionship
- Loss of support
- Emotional distress
- Pain and suffering
- Mental anguish
You also have the right to include a loved one’s funeral expenses in an estimate of their case’s value. An Indianapolis, IN, wrongful death lawyer can go over your avenues to financial support with you to ensure that they are as comprehensive as possible.
Vaughan & Vaughan Can Provide Grieving Families With Legal Recourse
You and your loved ones are entitled to your grief after the unexpected passing of a loved one. In the face of unchecked negligence, you are also entitled to legal action. You can work with Indianapolis’s wrongful death attorneys to file a personal injury claim naming a particular party liable for your loved one’s death and, as such, all of its related expenses.
You have limited time to act after a loved one’s passing. Fortunately, our attorneys can spearhead an investigation into your loved one’s death while you and your family focus on recovering. Contact Vaughan & Vaughan to schedule a free case consultation with the attorneys who can represent you in civil court. We’re available to chat over the phone or online today.
