There are wrongful death attorneys in Mooresville, IN, who want to help you and your family address the loss of a loved one. Our team can break down your rights in the wake of a wrongful death accident. We can then help you determine what course of action might best help you and your family recover.
You can schedule a free case evaluation with our Mooresville personal injury lawyers to better outline what damages you may deserve in the face of someone else’s unchecked negligence. Vaughan & Vaughan makes it as easy as possible for you to break down the civil process and utilize it accordingly.
You can contact us today for more information.
Allow Yourself Space to Grieve
You don’t need an attorney to tell you that the grief of losing a loved one can be all-consuming. Unexpected deaths hit you like a truck. You deserve time away from obligations, work, and even the legal system to recover.
With that in mind, keep legal deadlines in mind, but give yourself grace. If you’re not ready to leave into legal action in the days or weeks immediately following a loved one’s death, don’t. Meet with your family. Arrange the funeral. Grieve. Celebrate your loved one’s life.
Only consider what paths forward might help you restore your previous quality of life when you’re ready.
There Are Multiple Roads Toward Justice
There’s no one way to get justice for a loved one’s passing. While you can’t initiate criminal action against a negligent party, you can:
File a Wrongful Death Insurance Claim
There’s a good chance that the negligent party involved in your loved one’s accident has some kind of insurance. So long as that party has some coverage, you may have the right to file a wrongful death claim with that party’s insurance provider.
Unfortunately, insurance providers consistently prioritize their own well-being over that of both their clients and injured parties. While an insurance claim adjuster may come out to your home and claim that they can help you recover, they may then turn around and minimize the total value of your losses.
What can you do in the face of that bad-faith behavior? Call a Mooresville wrongful death lawyer. Our team can help you address an insurance claim adjuster’s bad faith behavior and even appeal a denied wrongful death claim.
Go to Civil Court
Your right to go to civil court after a loved one’s wrongful death in Indiana can prove challenging. First, you must prove that you are the deceased personal executor. Indiana only allows personal executors to take legal action on behalf of departed loved ones.
If you feel this role, you must then meet the state’s burden of proof outlining your rights to civil action. This means bringing forward enough evidence to prove that a liable party’s negligence directly contributed to both a loved one’s death and your subsequent economic suffering.
Last but not least, you need to stay on top of your personal injury statute of limitations. Indiana Code section 34-11-2-4 states that personal executors have no more than two years to investigate a loved one’s wrongful death and bring evidence of related negligence forward before a civil judge. You cannot file a wrongful death claim if your statute of limitations expires.
How do you break down that complicated process? You work with an attorney. Vaughan & Vaughan can help you navigate the legal process without compromising your right to grieve. You can contact our team today to book a free, no-obligation case evaluation and learn more about our process.
Negotiating for a Settlement Versus Going to Trial
Should you choose to go to civil court, know that there is no one way to secure the damages you deserve. Instead, you can customize your legal experience to best suit your emotional well-being as well as the circumstances that led to your loved one’s death.
For example, you do have the right to go to a traditional trial. This trial process begins with discovery and sees both you and a Mooresville wrongful death attorney prepare statements to deliver to a jury. Your right to compensation subsequently lies in the hands of an Indiana jury.
You can alternatively negotiate for the settlement you believe you deserve in the wake of a loved one’s death. This process tends to resolve more quickly than a wrongful death trial, but it can be more emotionally devastating. Negotiating requires you to sit across the table from the party allegedly liable for your loved one’s death.
Our team understands that negotiating may not be on the table if it means coming face-to-face with the person whose negligence killed your loved one. That’s why we sit down with you ahead of time, discuss what paths forward you’re interested in, and plan your legal action accordingly. You can count on our team to prioritize your well-being throughout the legal process.
Vaughan & Vaughan Fights for You
Don’t let your grief keep you from getting justice for a loved one’s wrongful death. You can book a case evaluation with a Mooresville wrongful death attorney today to discuss what right you have to bring your loved one’s death to the attention of a civil judge.
Our Law Firm can help you file a personal injury claim holding a liable party responsible for your non-economic and economic losses. In doing so, we can give you the space you need to emotionally recover from a loved one’s death while retaining your right to legal action.
Contact our personal injury lawyers in Mooresville today to set up a free case evaluation.