If you’re a representative of the decedent’s estate, you can sue for wrongful death in a motorcycle accident case. The representative recovers compensation for the benefit of the decedent’s family. The representative is either named in the decedent’s will or selected by the state.
There are many things to know about suing for wrongful death after losing a loved one. Here, you can get all the information you need to make an informed decision about pursuing compensation.
Everything You Need To Know About Seeking Damages
While considering your legal options, here are some important things to know about the legal process:
You Can Recover Everything Associated with Your Loved One’s Passing
Depending on your loved one’s accident and passing, beneficiaries can recover:
- Funeral and burial expenses
- The decedent’s end-of-life medical bills
- The decedent’s lost income
- Loss of consortium, household benefits, and parental guidance
- The decedent’s pain and suffering
You Generally Have Two Years To File Your Wrongful Death Lawsuit
Per IC § 34-11-2-4:
- You typically have two years from the date of your loved one’s passing to file your lawsuit.
- Failing to act within this time period eliminates your right to seek compensation through the court system.
- Acting within this period allows you to present your civil case in a court of law.
Some exceptions could alter your filing deadline. For instance, if the at-fault party fled the accident scene, the state could give you more time to act. However, if your loved one suffered harm because of a government agency, you could have less time to file your case.
When you partner with a lawyer from our firm, they can explain more about how the state’s statute of limitations affects your case.
Indiana Operates on a Fault-Based System
After filing your wrongful death lawsuit, the liable party might accuse your loved one of causing their own accident. As long as your loved one didn’t cause most of the accident, you can pursue compensation.
However, consider the following:
- Your loved one’s role in the accident can affect how much you can recover.
- We will use evidence to prove your loved one’s role in the collision.
- More than one party could share fault for your loved one’s passing.
This is another reason to consider partnering with a lawyer. The insurance company will do everything possible to escape liability–and it may employ bad faith insurance practices. While you celebrate your loved one’s achievements, we will handle your legal matters.
For a free legal consultation, call 317-636-7777
What Goes Into Filing a Wrongful Death Lawsuit?
You might have seen courtroom dramas and judge reality shows on TV. The legal process is much more complicated than the media makes it seem. To build and pursue the best possible case:
You Need Evidence
To pursue compensation from the at-fault party, you need evidence, such as:
- Your loved one’s death certificate
- The accident report
- Eyewitness testimony
- Information from accident reconstruction specialists and healthcare providers
- Security camera footage
- Photos of your loved one’s injuries
- Documentation of your losses, including invoices and receipts
The Involved Parties Will Give Depositions
Before your case goes to trial, the involved parties will have to give statements about what happened. For instance, your loved one’s doctor might provide a statement about their passing and health condition. An eyewitness may give crucial information about how the accident itself happened.
Your Lawyer Will Present Your Case
After your case goes to trial, your lawyer will use evidence to show that you deserve compensation. They will assert that because another party acted negligently, they should pay for your losses.
The Judge and Jury Will Render a Verdict
Sometimes, judges are solely responsible for deciding on civil cases. Other times, cases are heard by juries. Either way, at the conclusion of your case, another overseeing party will determine what you’re owed.
This is a rough outline of what you can expect after filing your wrongful death lawsuit. No two cases are the same, so other things can happen than those listed here.
Our Team Can Help You Pursue a Wrongful Death Case in Indiana
Our founding partner is an avid motorcyclist. He can often be seen cruising around the streets surrounding Indianapolis during his free time. He takes motorcycle accident cases (including fatal ones) personally.
In the decades he’s been serving injured people, our law firm has recovered these outcomes:
- We secured the best possible outcome for a motorcyclist who was paralyzed in an accident. Compensation accounted for modifications to both his home and vehicle.
- We recovered a high six-figure after a woman passed away in a motorcycle accident. Her husband initiated the legal process on her behalf.
- Our client, a well-beloved member of his community, was ejected from his motorcycle during a crash. He was unable to return to his previous job. We secured compensation up to the liable party’s policy limits.
Click to contact our Can You Sue For Wrongful Death in a Motorcycle Accident Claim? today
Call Sevenish Law Firm, P.C. For Your Free Case Review
Our law firm’s ready to start building your case today. If you lost a loved one in a motorcycle accident, we will do everything possible to secure compensation for your losses. Don’t manage the legal process on your own. Leave that to us. To get started, dial (317) 636-7777.