To prove wrongful death, you and your legal team will need to use evidence to show that the other party was negligent. Negligence can take many forms, based on the circumstances of the fatal injury.
Different Forms of Evidence Could Support Your Claim for Compensation
A speeding ticket may offer evidence of negligence in a car crash, for instance.
Additionally, we will need to show evidence of your losses after your loved one’s passing. The sudden loss of a loved one may leave you with substantial bills and income challenges, for instance, and we can help you show these damages in a legal claim.
Our attorneys can help you with every step involved in a case for compensation after the loss of a loved one.
For a free legal consultation, call 317-636-7777
The Elements of a Wrongful Death Claim or Lawsuit
Some fatal accidents are terrible accidents, and no one is to blame. To seek compensation through a wrongful death case, however, we will need to show that another person or entity is liable for your loved one’s passing. Your lawyer will also have to establish that the surviving family members are entitled to damages.
To bring a wrongful death lawsuit on behalf of a loved one, you must be able to prove the following:
Wrongful Actions or Inactions
According to Indiana law (IC 34-23-1-1), an individual or a business needs to have acted negligently, or wrongfully. Their actions must have also directly led to your loved one’s fatal injuries. The defendant’s actions could have been unintentional and they could still be found negligent in a wrongful death lawsuit.
Eligible Survivors Can Bring a Case
At least one surviving family member has the legal right to seek compensation through a wrongful death lawsuit, such as a spouse, parent, child, or another party.
You and Your Family Suffered Damages
Damages refer to the losses faced by your family after your loved one’s passing. These may include medical expenses, burial expenses, and the loss of love and companionship.
These criteria can be challenging to understand, especially when you are grieving a loss. You don’t have to decipher these legal details on your own, though. Our team can tell you who in your family is eligible to seek compensation and what damages you may qualify for.
Types of Negligence That Could Have Caused the Injury
Negligence can result in lost lives in many accident types, such as the following possible situations:
- In a car accident, the negligent driver was under the influence and failed to stop at a red light.
- In a bicycle accident, the negligent driver drove in a bicycle lane and struck your loved one.
- In a slip and fall accident, hotel staff did not place a warning sign on a flight of recently mopped stairs.
- In a medical malpractice case, a doctor’s failure to diagnose led to critical health complications for your loved one.
- In a truck accident, a truck driver got behind the wheel when he was too drowsy to safely operate the vehicle.
Some cases require specific proof of negligence to demonstrate wrongful death. Medical malpractice cases, for instance, have specific criteria to show that a provider deviated from the standard of care and directly caused a fatal injury.
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Evidence We Can Use to Prove Negligence and Liability
Building strong evidence in any injury case is key, including in wrongful death cases. Even when a case seems straightforward, our team may need to gather extensive evidence. Some sources of evidence may include:
- Police reports
- Witness statements
- Notes from a doctor
- Expert testimony
- Accident reconstruction data
- Records of past violations of a company
- Photos of the accident scene
We will also need to show evidence of a family’s damages after their loss.
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Meeting the Statute of Limitations for Wrongful Death Cases
Victims’ families have a limited time to file suit for wrongful death. Our team can tell you more about how this deadline may apply to your case. Our lawyers advise prompt action from the victims’ families to ensure no one misses important deadlines.
Reasons Why You May Want to Work with a Lawyer on a Wrongful Death Case
Families may turn to our law firm for help with a wrongful death case for many reasons. First, it can be challenging to handle any injury case on your own—let alone when you are grieving a loss. Our lawyers will take on the burden of the legal tasks during this difficult time.
Our Attorneys will Handle Any Challenges to Your Claim
We won’t allow aggressive insurance tactics to stop your chances of seeking justice and a fair recovery. Our staff will protect your right to seek compensation in the face of challenges such as:
Your Lawyer will Protect You from Unfairly Low Settlement Offers
Sometimes, the liable party’s insurance company may contact you, offering you a settlement amount. Some families may be tempted to accept this settlement to complete their case as soon as possible.
However, this could be an unfairly low offer. We can tell you what a fair settlement or award amount may look like in your case. Our staff wants to ensure you aren’t left paying out of pocket for expenses the liable party caused.
Claims That the Other Party Wasn’t Liable
The other party may hire attorneys to argue that the defendant was not responsible. They may try to deflect blame elsewhere and claim that they aren’t liable. Our team will gather compelling evidence to hold a negligent party responsible.
Our lawyers have dealt with these kinds of claims, and we will not let the other party stop your family from seeking compensation you deserve.
Our Lawyers Can Take Your Case to Court
In some cases, our team will advise taking your case to civil court and filing a lawsuit. This may be the best route for your recovery for a number of reasons, including when an insurance company won’t agree to a fair out-of-court settlement.
This is not a process you will need to deal with on your own. Our personal injury lawyers will file necessary paperwork and all matters related to the court process.
You Don’t Want to be Alone in Your Case
A wrongful death case can be overwhelming for surviving family members. Your legal team will guide you through every step, offering our compassionate listening and attention to your family’s concerns. We will help you make informed choices and represent your best interests.
Sevenish Law Firm, P.C. Helps Surviving Family Members Seek Justice
At Sevenish Law Firm, P.C., our team is ready to help your family prove wrongful death and seek justice for your loss. Our firm focuses on personal injury cases, including wrongful death. This gives us a leg up against other law firms that attempt to handle all kinds of lawsuits, but end up as a master of none of them.
Let us defend your right to seek damages on behalf of your loved one. Call us at (317) 636-7777 for a free consultation.