From a legal perspective, a fatal accident is the cause of a person’s death. If your family member was involved in a fatal car accident that someone else’s reckless and careless actions caused, then you may be entitled to receive benefits under Indiana’s wrongful death laws.
The insurance company evaluating your claim will attempt to pay as little as possible for your losses. You have the right to assess an offer before accepting it as well as the right to appeal a denial. Do not let them get away with paying you an amount that is less than what you are owed.
An Indianapolis fatal car accident lawyer at Sevenish Law Firm, P.C. can help determine if you have a wrongful death case. For your free case evaluation, contact a member of our team today.
Representing Family Members of Fatal Accident Victims in Indianapolis
Indiana wrongful death laws (Indiana Code § 34-23-1-2) govern fatal accident cases and protect surviving family members. These laws give you the right to file for wrongful death compensation and benefits.
How can you find out if you have a fatal accident claim? If you believe that someone else’s negligence caused the car accident that resulted in the loss of your loved one, then you may be eligible to pursue compensation equal to your losses.
Our Car Accident Attorneys Have the Experience to Handle Your Case
Securing a fair settlement for a fatal car accident can be challenging since it requires a comprehensive understanding of Indiana personal injury and wrongful death laws, coupled with the ability to analyze an accident scene and medical records.
Our experience with previous fatal accident cases can be demonstrated by our case results, including:
- A six-figure settlement for the surviving family of an accident victim
- Maximum policy recovery for the family of a victim fatally injured by an intoxicated driver
Our Clients Praise Our Ability to Get Results and Give them Peace of Mind
Here’s what one of our clients has to say about the quality of our services:
“We were referred to Sevenish Law after an automobile accident that left us with a lot of uncertainties. Mr. Sevenish and his team always made us feel at ease, and kept us well informed along the way. They fight for what is right, and make you feel heard and important. Mr. Sevenish is exactly the kind of lawyer you would want to help you get the justice you deserve!” – Taylor and Draake Cates
For surviving family members, what you do not know will be used against you to pay you less than what your case is worth. Our personal injury lawyers at Sevenish Law Firm, P.C. want to help families impacted by their loved one’s fatal accident receive a fair settlement or award.
For a free legal consultation with a fatal car accidents lawyer serving Indianapolis, call 317-636-7777
Indiana Wrongful Death Statutes Allow You to Pursue Compensation
A settlement or court award does not bring your loved one back. This fact is what makes fatal accidents caused by negligence so devastating.
However, you and your family are now permanently affected by another person’s careless and reckless acts. Part of that impact is the severe financial losses you experienced, not just limited to basic damages.
Surviving family members of a loved one who passed away as a result of someone else’s negligence may be eligible to receive damages for:
- Medical expenses
- Funeral services
- Burial/cremation costs
- Loss of companionship
- Lost financial support
- And other recoverable benefits
Protect your rights to adequate compensation by hiring an Indianapolis fatal car accident lawyer to evaluate your case and determine your legal options.
Indianapolis Fatal Car Accident Lawyer Near Me 317-636-7777
Legally Demonstrating a Wrongful Death Car Accident Case in Indiana
To establish a wrongful death case, the lost loved one’s estate representative and attorney must provide evidence that the defendant directly caused the injuries which led to their client’s passing. Doing this requires a thorough independent investigation into the accident to determine liability. It may also include help from accident reconstruction specialists and medical expert witnesses.
If your loved one was fatally injured in a car accident caused by a negligent driver, please consider consulting with a fatal accident lawyer to help you through this challenging time and protect your legal rights.
Proving Negligence
To show negligence, your personal injury attorney will establish the following elements:
Duty of Care
First, your attorney must show that the defendant in your case owed your loved one a duty of care. A duty of care is roughly defined as behavior consistent with what another reasonable person would do in similar circumstances to ensure others are not harmed by their actions.
For example, drivers on the road have a duty of care to drive safely, adhere to traffic laws, and not cause accidents resulting in fatalities.
Breach in Duty of Care
Your attorney must also demonstrate that the liable party breached their duty of care. For example, an intoxicated driver who causes an accident would be violating their duty of care to others by driving while impaired.
Causation
Next, your attorney must prove that the defendant’s breach of duty caused your loved one’s accident. That is, the fact that a driver was intoxicated doesn’t automatically mean they are at fault. While this is likely the case, you need proof to show the other driver’s impaired actions caused the collision. Unfortunately, other possible causes for your loved one’s death presented by their defense may have to be refuted during the legal process.
Damages
Finally, your attorney must show that your loved one’s injuries and subsequent passing, as well as your family’s damages, were due to the accident. Damages include both financial and personal losses such as burial expenses and emotional suffering.
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Surviving Family Members Can File a Fatal Accident Case
When you file a fatal accident claim or lawsuit, it is filed on behalf of the loved one’s estate with the intent that recovered compensation will be distributed to beneficiaries. No matter who stands to benefit or gain from a wrongful death case, under Indiana Code § 34-23-1-1, it is the personal representative of the estate who files the lawsuit on its behalf.
Generally, this person is a surviving spouse, adult child, or other party identified in the will, or whoever is appointed by the court if your loved one passed away without a will. The personal representative oversees estate administration, including all legal matters.
One exception to this rule is if the person who died was a minor child. In this case, the parents file the claim. If the parents or legal guardians of the minor-aged victim are divorced, then the custodial parent is the individual who will file.
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Indiana Civil Laws Put a Time Limit on Fatal Car Accident Cases
Indiana, like every U.S. state, abides by a statute of limitations—or civil deadline—by which you have to file a claim. The general statute of limitations under Indiana Code § 34-11-2-4 for a fatal accident in Indiana is two years from the date of the incident. For minors, the Statute of Limitations is two years from the date of majority.
If you miss Indiana’s wrongful death statute of limitations, then you forfeit your right to pursue compensation. Therefore, it is critical to contact an Indianapolis fatal accident lawyer as soon as possible to make sure that you do not forget this important date.
How Hiring an Indianapolis Fatal Car Accident Lawyer Can Help You
If you need help evaluating your settlement offer, filing a claim or appeal, or taking your case to trial, hiring an Indianapolis fatal car accident lawyer can help you navigate the system. Sevenish Law Firm, P.C. represents clients on a contingency fee agreement, so there is no up-front cost to receive our legal help. We do not receive payment unless we secure a fair settlement on your behalf.
Besides saving you money, an auto accident lawyer can help you with the following:
Negotiating With Insurers
Settlements often involve dealing with insurance companies and their specialist negotiators, who are highly skilled at settling cases for less than what they’re worth. An attorney may have just as much experience negotiating as the other side. They may be able to help you successfully navigate the process.
Investigating Your Claim and Saving You Time
A fatal accident attorney will know much of what is needed in your case to prove a wrongful death claim successfully. They can do most of the investigation, collection of evidence, and filing required for your case, allowing you to focus on mourning and returning to normal life.
Advocating For Your Best Interests and Offering Support
You shouldn’t have to file a wrongful death case alone. You shouldn’t have to feel like you are fighting an uphill battle against more powerful parties, such as defense attorneys. Having our car accident lawyers by your side means that you have our team advocating for you and your loved ones while you recover from this tremendous loss.
Call Sevenish Law Firm, P.C. for Your Free Consultation
Contacting Sevenish Law Firm, P.C. for a free consultation can help you learn more about your case and the steps you can take to move forward. Request your no-obligation case evaluation now.
Call or text 317-636-7777 or complete a Free Case Evaluation form
