Plainfield wrongful death attorneys understand that, in the face of a loved one’s unexpected death, you may not immediately consider legal action against the offending party. Grief is powerful. You need time to recover.
That said, our team offers survivors like you the legal aid you need to demand fair compensation for the losses and dirt in the face of a loved one’s death. Vaughan & Vaughan can walk you through the process of filing a personal injury claim against the party liable for your loved one’s passing.
You can schedule a free case evaluation with Plainfield, IN, personal injury lawyers to discuss what the process of addressing a loved one’s wrongful death looks like.
How to Address a Loved One’s Wrongful Death
Contending with the semantics of a loved one’s death while tackling your grief can leave you feeling drained. It’s often easier to break down the logistical responsibilities you have if you take them in steps. With that in mind, the following stepping stones can make your journey toward a full recovery simpler.
File an Insurance Claim
You need to determine whether or not you have the right to file an insurance claim with the liable party’s provider in the wake of a loved one’s passing. Should you have the right to act, you need to bring your claim forward within a few days of your loved one’s death.
States like Indiana have minimum liability coverage that they require motorists and similar parties to hold in an effort to protect everyone around them. Even so, some parties may take to the road or day-to-day life without applicable insurance. If a liable party does not have coverage, let an attorney know so you can outline your next best steps.
Even if a liable party does have coverage, you need to be wary of an insurance claim adjuster’s intentions. These parties often prioritize their companies’ well-being over yours. As such, an insurance claim adjuster may attempt to minimize the economic value of your loved ones’ losses. You can deal with that bad-faith behavior yourself, or you can call on an attorney for support.
Determine Whether or Not You’re the Personal Executor
You may additionally have the right to assume legal action against the party liable for your loved one’s death. That said, Indiana only allows the deceased personal executor to take legal action on their behalf. If you do not fill this role, you may not file a wrongful death claim requesting compensation for a loved one’s losses.
If you don’t know whether or not you feel this role, consider meeting with an attorney. The deceased should have named a personal executor in their will if they did not outright declare that person’s role while living.
Should you serve as the deceased personal executor, you can work with Plainfield wrongful death attorneys to begin gathering the evidence you need to file a civil claim against an offending party.
Meet With an Attorney to Discuss Legal Action
You are not obligated to assume legal action against the party responsible for your loved one’s death. Many families would prefer the state to bring criminal action against these parties while the families themselves focus on their grief.
That said, death is more expensive than anybody anticipates. Should you find yourself contending with unexpected bills, civil action can help you secure the financial support you need to recover.
You can meet with an attorney prior to assuming legal action and face no pressure to take your case to court. Instead, attorneys with Vaughan & Vaughan can break down what right you have to legal action before outlining the best practices of going to civil court.
No one will pressure you into additional action or otherwise obligate you to move a case forward. Whether or not you take a case to civil court remains up to you.
Choose Your Best Path Forward
Should you decide to progress with a civil claim, know that you do not necessarily have to go to trial to win fair compensation for a loved one’s wrongful death. You can request that an attorney arrange out-of-court negotiations with the party liable for your loved one’s losses.
That said, negotiating for a fair settlement after a wrongful death can often prove emotionally challenging. It’s difficult to sit across the table from the person responsible for your loved one’s death and request financial support based on their negligence. Our attorneys recognize that.
That’s why we present negotiating as an option but do not make it obligatory. You can take your case to trial if you so wish. No matter which path forward you choose, you can count on the attorneys with Vaughan & Vaughan to stand by your side throughout the legal process.
Grieving Families are Working on a Limited Timeline
Indiana Code section 34-11-2-4 dictates the amount of time in which families may bring a wrongful death claim forward in Indiana civil courts. This personal injury statute of limitations gives you no more than two years to file a personal injury claim and demand compensation for your loved one’s losses.
Be aware that the deadline is a firm one. If you miss your personal injury statute of limitations, Indiana courts may assume that you have waived your right to take legal action on behalf of the deceased.
Wrongful Death Lawyers in Plainfield Want to Help You Exercise Your Rights
Wrongful death lawyers in Plainfield and beyond understand that the grief that comes with a loved one’s passing can immobilize you. At the same time, we want to give you and your loved ones the tools you need to address the economic strain that comes with that loss.
You can turn to our team in times of crisis to secure consummate legal support. Contact us online or by phone today to schedule a free wrongful death case evaluation. Vaughan & Vaughan’s attorneys can stand up for your right to fair compensation in the wake of a tragic loss.