It’s not easy to turn grief into action, but it’s possible when you have the right people on your side. If you’re contending with a loved one’s unexpected and tragic loss, you can reach out to South Bend wrongful death lawyers for representation. The efforts of a law firm like Vaughan & Vaughan can help you hold negligent parties accountable for your economic losses.
Our personal injury lawyers in South Bend have decades of combined experience helping families like yours take negligent parties to civil court. You can count on our team to continually advocate for your right to maximize compensation without adding to your stress. Are you ready to learn more? You can reach out and book a free case evaluation with our team today.
You Can’t Initiate a Criminal Case – But You Have Options
Only the state can initiate a criminal case against the party responsible for your loved one’s passing. We know this can feel unfair. That’s why our South Bend wrongful death lawyers move to help you bring your losses to a civil judge’s attention.
While you may have to testify in the criminal case the state brings against a liable party, you’re more directly in control of your civil case. A civil case allows you to demand loss-based damages covering your and your loved one’s expenses from the liable party. So long as you can prove guilt “by a preponderance of evidence,” you can get the financial support you need.
At the same time, the ruling a criminal judge makes about your case can positively impact your civil recovery. If Indiana criminal courts find a liable party guilty before your civil case concludes, you can submit the criminal conviction as proof of the liable party’s negligence. Our team can outline how these cases can impact one another and how you can take advantage of both.
Let Professionals Help You Navigate Post-Life Care
The laws surrounding your loved one’s wrongful death and your right to action are likely more complicated than you think they are. For example, only certain parties can file a personal injury claim in the deceased’s name. You must prove that, as an adult descendant, you are the deceased’s personal representative, or else you may not have the right to act.
The only time this limited ability to act expands is in the face of a parent’s attempt to file a claim on a deceased child’s behalf. One or both parents can file a wrongful death claim, but the responsibility primarily falls to the party that had legal custody of the child at death. If neither parent can file, the child’s legal guardian can step in.
You don’t have to untangle these limiting factors or any others on your own. You can schedule a free case evaluation with our law firm to request that we oversee the minutiae of your case while you prioritize your emotional well-being.
When to Contact a Personal Injury Lawyer
You are not obligated to take legal action after a loved one dies. Even if you do, you are not required to work with a personal injury lawyer. That said, the grief from a loved one’s death can make it challenging, if not impossible, to consider the complexities of a loved one’s case.
Our team recommends that you work with a personal injury lawyer to spare yourself and your loved ones the stress of reliving your loved one’s death. We also bring considerable experience to your pursuit of justice, making it simpler for you to secure the post-death financial support that you and your family deserve.
Should you want to reach out to a personal injury lawyer with questions or to secure representation, make sure you do so within the deadline set by Indiana Code section 34-11-2-4. The statute of limitations relevant to your loved one’s case gives you no more than two years to act on your losses.
You can call on our team at any point in that two-year period to discuss your right to legal action on the deceased’s behalf.
What Information to Include in a Wrongful Death Case
If you want to build a wrongful death case against the party you believe to bear the responsibility for a loved one’s passing, you must file a wrongful death claim with Indiana’s civil courts. That claim must make it to a civil judge before your statute of limitations expires and should include the following information:
- Evidence of the negligence that led to your loved one’s passing
- The specific identification of the party liable for your loved one’s death
- An estimate of the damages you want in the face of that negligence
Note that according to Indiana Code § 34-23-1-2, the state may cap your right to damages based on the circumstances that led to your loved one’s passing.
Our wrongful death attorneys in South Bend, IN, stand ready to help you gather the information needed to build your claim. You can get in touch with our team today to request support.
Let Our Team Represent Your Best Interests Today
Grief does not care if you have dinner reservations or commitments that you need to keep. Grief, particularly in the wake of a devastating and unexpected accident, can consume your life. You need to give yourself grace as you and your loved ones fight to get back on your feet again. At the same time, though, you can take action.
The wrongful death attorneys in South Bend can bring your loved one’s wrongful death case forward in civil court without sacrificing your emotional well-being. Our efforts can help you secure the financial support you need to overcome the economic burdens of a loved one’s passing. Contact Vaughan & Vaughan today to book a free personal injury case evaluation.