Losing a loved one is one of the most difficult experiences anyone can face. When that loss happens due to a fatal pedestrian accident, the pain and confusion can feel overwhelming. If you’re reading this, you’re likely in a difficult and emotional situation, seeking clarity and support. It’s completely natural to feel lost during this time, and the challenges of dealing with the legal system can add even more stress. We understand the emotional weight of your situation, and our goal is to help you navigate the complex legal process with the compassion and care you deserve. If you find yourself in need of a lawyer for a fatal pedestrian accident case, you’re in the right place.
What is a Wrongful Death Claim in Indiana?
A wrongful death claim in Indiana is a legal action brought by the personal representative of the estate of someone who has passed away due to another party’s negligence or wrongful actions. In the case of a fatal pedestrian accident, this could mean a driver who was speeding, distracted, or driving under the influence of alcohol or drugs. When someone dies in such an accident, their family members often face not only the emotional pain of losing a loved one but also the financial strain of funeral expenses, lost wages, and other damages. A wrongful death claim seeks justice for these families and provides a way to recover some of those financial losses.
It’s important to understand that Indiana law only allows a personal representative of the Estate to file a wrongful death lawsuit. In cases of children who are killed in a pedestrian accident, the parent(s) or legal guardian(s) may file a wrongful death lawsuit. This claim can help hold the responsible party accountable for their actions, and while no amount of money can bring your loved one back, it can provide some sense of justice and help with the financial burdens left behind.
Steps to Take After a Fatal Pedestrian Accident
Dealing with the aftermath of a fatal pedestrian accident is not only emotionally draining but also legally complicated. The first thing to focus on is the safety and well-being of everyone involved. If you’ve lost someone due to such an accident, it’s crucial to gather any necessary information to support your wrongful death claim later on. This might include police reports, witness statements, medical records, and photographs of the accident scene. However, we understand that during such a difficult time, it’s hard to think of everything. That’s where a qualified legal team can step in to ensure that all the details are properly handled.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Once you are ready to pursue a claim, you need to file a lawsuit within a certain period. In Indiana, the statute of limitations for filing a wrongful death claim is typically two years from the date of the accident. If you wait too long, you could lose your right to seek justice for your loved one. This is why it’s crucial to start the process as soon as possible. We are here to help guide you through each step, making sure you understand your rights and options at every stage.
What to Expect During the Wrongful Death Process
The wrongful death claim process can be long and complicated, but it’s designed to bring fairness to those who have been wronged. After you hire an attorney, the legal team will begin by investigating the circumstances of the accident. This includes gathering evidence, speaking with witnesses, and looking into the driver’s history. It’s essential that your attorney understands how to gather and present the right information to prove negligence. This evidence will form the basis of your case and can help establish the responsibility of the other party.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
Once the investigation is complete, the next step is negotiating a settlement. Many wrongful death claims are resolved without filing a lawsuit, as both parties may come to an agreement on the compensation to be paid. However, not all cases settle this way, and if the responsible party or their insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary.
If a lawsuit is filed, the parties will still attempt to find a resolution of the lawsuit. If that is not possible, the case will proceed to trial. At trial, both sides will present their evidence, and a judge or jury will decide on the outcome. While this can feel intimidating, having the right legal team by your side can make all the difference. We are here to ensure that your case is presented effectively and that you have the best chance of achieving the justice you deserve.
Damages in Wrongful Death Claims
In a wrongful death lawsuit, the damages awarded can vary depending on the circumstances of the case. For families affected by fatal pedestrian accidents, common damages include funeral costs, medical bills leading up to the death, lost wages, and emotional pain and suffering. These damages are meant to help the surviving family members cope with the financial hardships caused by the death, as well as to compensate for the emotional distress experienced.
The amount of damages you may be entitled to will depend on factors like the driver’s actions, the severity of the accident, and the impact on your family. Our team is here to help you navigate these complexities, ensuring that you receive compensation that is fair and adequate for your situation.
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How a Lawyer Can Help You Win Your Case
One of the most important decisions you will make after a fatal pedestrian accident is choosing the right lawyer to represent your case. The legal process can be overwhelming, and having an experienced attorney who knows the ins and outs of wrongful death claims can make all the difference in the world.
When you work with our law firm, we take a compassionate approach to your case. We understand the emotional toll this situation has taken on your family, and our goal is to help you find justice while providing the support you need throughout the process. From gathering evidence to negotiating with the insurance company to representing you in court, our team will work tirelessly on your behalf. We are committed to achieving the best possible outcome for your case, and we will do everything we can to ensure that your family receives the justice and compensation they deserve.
Taking Action for Your Loved One
Losing someone to a fatal pedestrian accident is an unimaginable tragedy, but it’s important to remember that you have legal rights, and you don’t have to go through this process alone. At Wyant Law, we are here to help guide you through the wrongful death claim process, fighting for your family’s rights and seeking justice for your loved one. Our team is dedicated to helping you achieve a successful outcome and ensuring that you have the support and care you need during this difficult time.
If you are ready to take the next step and seek justice for the wrongful death of your loved one, contact us today. Let us put our experience and compassion to work for you as we help you navigate this challenging journey.
