There’s no replacing the role a person played in your life. When you lose someone close to you, you have to contend with the grief that follows – namely, because it is a reflection of the love you and the departed once shared. That said, you do not have to let a death stemming from someone else’s negligence go unanswered.
You can take action if you believe that a loved one’s death resulted from unaddressed roadway negligence or another form of reckless behavior. Whitestown personal injury attorneys want to give you the tools you need to fight for justice. You can meet with Vaughan & Vaughan’s experienced team to discuss what information you need to file a wrongful death claim.
Who Can File a Wrongful Death Claim in Whitestown, IN?
Some states limit the right of family members to act on behalf of a person who’s recently passed. Indiana, fortunately, is not one such state. In Indiana, all of the following parties have the right to contact a lawyer and file a wrongful death claim in the stead of a departed loved one:
- The deceased’s parents
- The deceased’s spouse
- The deceased’s child(ren)
There are also circumstances in which a person’s siblings may take legal action on their behalf. If you’re unsure if you have the right to file a claim in a loved one’s name, meet with our attorneys to discuss your legal options. Vaughan & Vaughan can assess your relationship with the deceased and help you find the best path toward compensation.
Why Should You File a Wrongful Death Claim on a Loved One’s Behalf?
When you’re already contending with the semantics of a funeral, not to mention your and your family’s grief, pursuing legal action can feel like an unnecessary box to check. That isn’t always the case, though.
Filing a personal injury claim allows you to resume some control over your and your loved one’s circumstances. These claims can specifically:
Hold the Right People Responsible for a Loved One’s Passing
Evidence is the name of the game when you’re filing a wrongful death claim. You need to prove that:
- A loved one passed due to someone else’s negligence
- That negligence cannot be classified as reasonable conduct and violated the duty of care owed to your loved one
- The aforementioned negligence resulted in your and your loved one’s tangible economic losses
To make a strong argument, make sure you back every claim you make with hard data. This data can include videos of your loved one’s accident, statements from bystanders, and even accident recreations.
You do not have to seek this evidence out on your own. You can work with a Whitestown wrongful death attorney instead. Our team can corral witnesses, communicate with bystanders, and even pull police records to elaborate on the nature of your loved one’s accident. This way, we can hold the right parties accountable for your loved one’s untimely death.
Secure Your Financial Support
Death is, unfortunately, expensive. Contending with the cost of a funeral, managing a loved one’s estate, and addressing a loved one’s post-mortem medical expenses is a challenge that few families are truly up for. When your loved one’s passing comes out of the blue, it doesn’t feel fair to find yourself facing a new mountain of economic responsibilities.
This, however, is where a personal injury claim comes into play. Wrongful death claims allow you to demand that the party responsible for your loved one’s accident help you with their post-mortem expenses. You can find the sum of a loved one’s losses and use that as an estimate of your case’s total value. To reach that sum, make sure you consider:
- A loved one’s medical bills
- Pre-death at-home assistance
- Funeral expenses
- Estate distribution expenses
- Property repair and/or replacement
- Emotional distress and mental anguish
- Pain and suffering
- Loss of consortium, companionship, and income
You can discuss how to find the value of intangible losses, like the aforementioned pain and suffering, with our attorneys.
Why Should You Call a Wrongful Death Lawyer?
Our team understands that you may not feel like doing much in the days, weeks, and even months following a loved one’s passing. That is understandable. If you want to get ahead of a wrongful death case’s statute of limitations, though, you need to make the most of the time that’s given to you.
Specifically, Indiana Code §34-11-2-4 gives you two years to bring a wrongful death claim forward. If you want the complaint you submit to be comprehensive, but you also want to take some space to grieve, you can call on a wrongful death attorney in Whitestown to help you get the job done. Vaughan & Vaughan’s team can specifically use this time to:
- Discuss a loved one’s passing with an at-fault party
- Bring forward evidence of the negligence that resulted in your loved one’s death
- Communicate with bystanders, insurance providers, and other legal representatives
- Prevent a liable party from offering you an insufficient settlement
- Compose your civil complaint to a judge’s expectations
In other words, our attorneys are prepared to do the legwork involved in your case while you focus on your feelings and family. You can discuss our services in more detail during a free case consultation with our personal injury lawyers.
Take Action on a Loved One’s Behalf
In the wake of a loved one’s passing, your grief can feel inescapable. There’s nothing wrong with taking time for yourself after a loved one’s passing to address that grief and decide how you’re going to fold it into your day-to-day life. One of the ways you can choose to use your grief is as a tool. Your grief can be the catalyst behind your fight for the justice a loved one deserves.
If you’re ready to put your grief into action, you can contact a wrongful death lawyer in Whitestown, IN. Vaughan & Vaughan can discuss the circumstances of a loved one’s passing with you during an initial case consultation. You can schedule your free, no-stress appointment with our team members by calling the office or contacting us through our website today.