From a legal perspective, a fatal accident is the causation of a person’s death. If your family member was involved in a fatal accident that someone else’s reckless and careless actions caused, then you may be entitled to receive financial wrongful death 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 may be owed.
An Indianapolis fatal accident lawyer at Sevenish Law Firm, P.C. can help determine if you have a wrongful death claim. For your free case evaluation, contact a member of our team today.
Representing Survivors 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 a compensation claim 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 an accident that resulted in your loved one’s death, then you may be eligible to pursue a wrongful death claim for compensation equal to your losses.
At Sevenish Law Firm, P.C. our team represents fatal accident matters involving:
- Bicycle & pedestrian accidents
- Motor vehicle accidents
- Fatal dog attacks
- Children in fatal accidents
- Defective products
- Slip, trip, and fall accidents
- Third-party fatal work injuries
Securing a fair settlement for a fatal 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 site and medical records. For survivors handling fatal accidents, what you do not know will be used against you to pay you less than what your case is worth.
The legal team at Sevenish Law Firm, P.C. wants to help survivors impacted by their loved one’s fatal accident receive a fair settlement or civil award.
Learn more about your legal options with a free case evaluation with Sevenish Law Firm, P.C. We can discuss the details of your case today
For a free legal consultation with a fatal accidents lawyer serving Indianapolis, call 317-636-7777
Indiana Wrongful Death Statutes Allow You to Pursue a Claim
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 died as a result of someone else’s negligence may be eligible to receive damages to help them pay for things like:
- 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 accident lawyer to evaluate your case and determine if you have a claim.
Indianapolis Fatal Accident Lawyer Near Me 317-636-7777
Legally Demonstrating a Wrongful Death Claim in Indiana
To establish a wrongful death lawsuit, the decedent’s estate representative and their attorney must provide evidence that the defendant directly caused the injuries and death of their loved one. Doing this requires conducting a thorough and independent investigation into the fatal accident to determine liability. It may also include taking advantage of help from accident reconstruction specialists and medical expert witnesses.
If your loved one was fatally injured in an accident resulting from another party’s negligence, 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 attorney will work to 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 others 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, injuries, and subsequent death. 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 your loved one’s death. 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 you and the decedent’s family sustained damages due to your loved one’s death. 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 Claim
When you file a fatal accident claim or lawsuit, it is filed on behalf of the decedent’s estate with the intent that recovered proceeds will be distributed to beneficiaries. No matter who stands to benefit or gain from a wrongful death claim, under Indiana Code § 34-23-1-1, it is the personal representative of the estate who files the lawsuit on behalf of it.
Generally, this person is a surviving spouse, adult child, or other party identified in the will, or to whoever is appointed by the court if your loved one died intestate—or, 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 Accident Claims
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 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 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 Indianapolis fatal 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 claim, allowing you to focus on healing and returning to normal life.
Advocating For Your Best Interests and Offering Support
You shouldn’t have to file a wrongful death claim alone. You shouldn’t have to feel like you are fighting an uphill battle against more powerful parties, such as defense attorneys. Having a fatal accident attorney by your side means that you have someone advocating for you and your loved ones while recovering 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
