Losing a loved one in a car accident can be a devastating experience, and the emotional trauma can be compounded by financial burdens that arise in the aftermath. If you believe that your loved one’s death was caused by another driver’s negligence, you may have grounds for a wrongful death claim. Here’s what you need to know about wrongful death claims involving car accidents in Indiana.
A wrongful death claim is a legal action taken against a person or entity whose actions caused someone’s death. In Indiana, a wrongful death claim can be filed by the by the personal representative of the deceased’s estate. This could be a family member, beneficiary, or anyone else the Court appoints to serve as the personal representative. The purpose of a wrongful death claim is to hold the responsible party accountable for their actions and to provide compensation to the surviving family members for their loss.
Proving negligence in a car accident wrongful death claim
To successfully file a wrongful death claim for a car accident in Indiana, you must prove that the other driver was negligent and that their negligence caused the accident and subsequent death. This may involve gathering evidence such as witness statements, police reports, and medical records. Your attorney may also consult with accident reconstruction experts to help establish the cause of the accident.
Damages in a car accident wrongful death claim
If you are successful in your wrongful death claim, you may be entitled to compensation for a variety of damages. These may include:
- Medical and funeral expenses
- Loss of income and earning potential
- Loss of companionship, guidance, and support
- Pain and suffering
- Punitive damages, if the responsible party’s actions were particularly egregious
- It’s important to note that Indiana has a two-year statute of limitations for wrongful death claims, meaning you must file your claim within two years of the date of the event causing the death.
Choosing the right attorney for your car accident wrongful death claim
Choosing the right attorney is crucial to the success of your wrongful death claim. Look for an attorney with experience handling car accident cases and a track record of success in wrongful death claims. Your attorney should also be compassionate and understanding, and willing to listen to your concerns and answer any questions you may have.
Indiana’s comparative fault law in wrongful death claims
It’s important to note that Indiana follows a modified comparative fault rule when it comes to wrongful death claims. Under this rule, if the deceased person is found to be partially at fault for the accident, their damages may be reduced accordingly. However, if the deceased person is found to be more than 50% at fault for the accident, their Estate is not entitled to any damages at all.
This means that it’s crucial to have an experienced attorney on your side who can help establish the other driver’s negligence and minimize any potential allegations of fault on the part of your loved one.
Losing a loved one in a car accident is a tragic and devastating experience, but filing a wrongful death claim can help provide some measure of justice and financial relief. If you believe that your loved one’s death was caused by another driver’s negligence, it’s important to act quickly and consult with an experienced attorney who can help you navigate the legal process and fight for the compensation you deserve.
At Wyant Law, we understand that losing a loved one in a car accident is a traumatic experience that can leave you feeling overwhelmed and unsure of what to do next. That’s why we are here to help you with your wrongful death claim involving a car accident in Indiana.
We can work with you to evaluate your case, investigate the accident, negotiate with insurance companies, represent you in court, and provide you with compassionate support throughout the process. Our experienced attorneys have a track record of success in handling wrongful death claims involving car accidents and can provide you with the legal guidance and support you need during this difficult time.
If you believe that your loved one’s death was caused by another driver’s negligence, we urge you to contact us as soon as possible to discuss your legal options. We can help you understand your rights and fight for the compensation you deserve in your wrongful death claim