Most families don’t think about going to civil court after the wrongful death of a loved one. More often than not, families like yours want to see justice carried out in criminal court. That justice can play out, but it may not directly benefit you or your loved ones. If you need help recovering from a loved one’s wrongful death, you can take your case to civil court instead.
The wrongful death attorneys in Speedway, IN, want to help families like yours secure financial compensation after the loss of a loved one. That’s why we offer to compile a personal injury claim for you. You can work with Speedway personal injury lawyers to outline the negligence that led to the deceased’s passing before demanding a fair settlement for your losses.
You May Have the Right to File a Wrongful Death Claim After a Loved One’s Passing
Surviving a loved one’s wrongful death can leave you with a lot of complicated feelings. Unfortunately, death also involves a lot of paperwork. You will likely have to work with your loved ones to go through the deceased’s will, estate, and post-life requests while contending with your grief.
It can be challenging to choose to add legal paperwork to those already-pressing responsibilities. That said, taking legal action against the party liable for your loved one’s death can also become gratifying. Not only can you get justice for your loved one’s death, but you can also secure the financial compensation you need to pay post-accident bills.
That said, there are statutes that dictate whether or not you have the right to pursue legal action on behalf of the deceased. You can work with Speedway, IN, wrongful death attorneys to determine what your right to action looks like. You can then rely on our team to get your case to a judge before your statute of limitations, Indiana Code section 34-11-2-4, expires.
Meeting Indiana’s Burden of Proof
If you want to secure compensation after a loved one’s passing, you need to prove that:
- A particular party or parties engaged in deadly negligence
- That negligence violated the duty of care owed to your loved one
- The named party’s behavior resulted in your loved one’s losses and death
- That loss has had a negative economic and emotional impact on your life
In other words, you must uphold Indiana’s burden of proof to move your case forward. If you can’t bring forward the evidence you need to prove negligence and the value of your case, a judge may waive your complaint.
Proving Negligence and the Value of a Case
There’s good news, though. Experienced attorneys are more than willing to go back to an accident scene to gather evidence of a liable party’s negligence. We can then use that evidence and an analysis thereof to both prove liability and the value of your case.
The evidence most relevant to a loved one’s wrongful death case may include the following:
- Video footage of the accident
- Statements from witnesses who observed and/or treated your loved one
- Medical reports detailing your loved one’s injuries
- A police report speculating about accident fault
- Physical debris
- Additional expert witness testimony
Working With an Attorney Can Make Filing a Wrongful Death Claim Easier
Grief doesn’t always go away over time. You may always find yourself thinking about a loved one when listening to their favorite album or driving down a certain road. Unfortunately, that grief can make it more difficult for you to do things you love, not to mention things you’d rather not do.
Some families choose not to pursue legal action against a liable party because they want space to grieve. Others find facing the person or party that caused their loved one’s death difficult. It’s in the face of these obstacles that Vaughan & Vaughan’s attorneys offer their tried-and-tested services.
We understand that you need space and time to process your loss. That’s why our team takes the helm when working on your case. We can limit your contact with a liable party while keeping you informed of a case’s progress. We can even work within the civil system to stay on top of your deadlines while giving you the space you need to process your feelings.
In short, we bring more than our legal expertise to your case. We also bring our compassion. Our team understands that wrongful death cases are tough to get through, even if there’s financial support at the end of the tunnel. That’s why we invite you to meet with our team to discuss what the legal process might look like long before you commit to a case.
Let’s Discuss Your Right to a Wrongful Death Case Today
Indiana civil law works to afford grieving families the right to pursue compensation for their wrongful loss. This means that you may exercise the right to demand financial support after someone else’s negligence causes the death of someone you care about. You can specifically work with our Speedway, IN, wrongful death attorneys to outline your case before a judge.
Vaughan & Vaughan’s team of experienced legal professionals works to make the claim filing process as stress-free as possible for you. We want you to have the space you need to grieve and the financial support to pay your bills.
With that in mind, we offer free case evaluations to anyone interested in pursuing a wrongful death case. You can come and learn more about our legal services without having to commit to legal action. Contact us to get your first appointment on the books.