Fishers Wrongful Death Attorney

Helping residents throughout Fishers, Indiana

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    Chris Wyant Wrongful Death.mp4

    Fishers Wrongful Death Attorney

    Helping residents throughout Fishers, Indiana

    Do You Need Legal Help?

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      Attorney Christopher Wyant is here to help you. 

      An injury can be devastating to you and your family. Attorney Christopher Wyant believes that lawyers should be approachable and easy to talk to. It shouldn't be difficult to get advice about a situation that might be unfamiliar to you and to have your rights explained to you. Contact Chris for help with your injury case.

      Client Reviews

      Great attorney!! Easy to talk to, empathizes with your case and is an attorney that actually cares. If you need an attorney, Chris Wyant is definitely the guy you want to call.

      Evan Howard

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      Fishers Wrongful Death Lawyer

      Losing a family member is one of the most devastating experiences a person can endure. The grief can feel overwhelming, and when that loss was caused by someone else’s negligence or wrongful act, it can add layers of anger and confusion. 

      At Wyant Law, we understand the immense pain you are going through. While no amount of money can replace your loved one, holding the responsible party accountable can provide a sense of justice and the financial stability your family needs to move forward. 

      If you have lost a loved one in a preventable accident, a compassionate Fishers wrongful death lawyer at our firm is here to offer guidance and support. Please reach out to us for a free and confidential consultation to discuss your situation.

      Key Takeaways for Fishers Wrongful Death Attorney

      • A wrongful death claim in Indiana arises when a person’s death is caused by the wrongful act or omission of another.
      • Under Indiana law, the personal representative of the deceased’s estate is the party who must file the wrongful death lawsuit.
      • Damages in a wrongful death case can cover financial losses like medical bills and lost income, as well as the loss of love, care, and companionship.
      • These claims often result from incidents such as car accidents, motorcycle crashes, pedestrian accidents, or slip and fall events.
      • There is a limited time to file a wrongful death claim in Indiana, known as the statute of limitations, making it important to understand one’s legal options promptly.

      Why Choose Wyant Law for Your Fishers, IN Wrongful Death Case

      BadgesDuring such a profoundly difficult time, choosing a legal representative who is not only knowledgeable but also genuinely compassionate is crucial. Attorney Chris Wyant believes that lawyers should be approachable and easy to talk to, offering an honest assessment of your situation and your options. For over 16 years, he has guided families through the complexities of personal injury and wrongful death claims across Indiana.

      At Wyant Law, we are committed to providing personalized attention. You are not just another case file to us; you are a family from our community navigating an unimaginable loss. We are dedicated to shouldering the legal burdens so you can focus on healing.

      Here is what you can expect when working with our firm:

      • Direct Communication: You will work directly with attorney Chris Wyant, who will take the time to listen to your story, answer your questions, and keep you informed every step of the way.
      • Thorough Investigation: We will meticulously investigate the circumstances of your loved one’s passing, gather evidence, and identify all liable parties to build a strong foundation for your claim.
      • Compassionate Advocacy: We handle every interaction with insurance companies and opposing counsel, advocating tirelessly for the full and fair compensation your family deserves.

      We stand by your side on the long road ahead, offering the dedicated legal support your family needs during this challenging journey.

      What Constitutes Wrongful Death?

      When you hear the term “wrongful death,” it can sound confusing. In simple terms, a wrongful death is a death caused by the wrongful act or neglect of another person or entity. Essentially, if the person who passed away could have filed a personal injury lawsuit had they survived their injuries, their surviving family members may be able to file a wrongful death claim.

      The legal basis for these claims in Indiana is established in state law. The Indiana General Wrongful Death Act outlines the framework for these cases. This law allows the personal representative of the deceased’s estate to seek justice and compensation on behalf of the surviving family members.

      To successfully bring a wrongful death claim, we must typically prove several key elements:

      1. Duty of Care: The at-fault party owed your loved one a duty to act with reasonable care. For example, all drivers have a duty to operate their vehicles safely to avoid harming others on the road.
      2. Breach of Duty: The at-fault party breached, or violated, that duty. A driver who was texting while driving or speeding would be breaching their duty of care.
      3. Causation: This breach of duty directly caused the accident and the resulting injuries that led to your family member’s death.
      4. Damages: The death resulted in quantifiable damages, such as medical expenses, funeral costs, lost income, and the loss of companionship.

      Understanding these legal concepts is the first step in determining how to proceed with holding the responsible party accountable for their actions.

      Types of Wrongful Death Cases We Handle

      Understanding Gross Negligence in Indiana Wrongful Death CasesWrongful death can result from almost any type of personal injury incident. The attorneys at Wyant Law have handled hundreds of personal injury cases throughout Indiana and are prepared to assist families whose loved ones were lost due to a variety of tragic circumstances. We understand the unique factors involved in each type of accident and can apply that knowledge to your family’s case.

      Our firm frequently handles wrongful death claims arising from:

      No matter the circumstances of the incident, our goal is to provide compassionate and determined legal representation for your family.

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      Wrongful Death FAQs

      We know you have many questions during this difficult time. Below are answers to some common concerns families have about the wrongful death claims process in Indiana.

      In Indiana, the statute of limitations for most wrongful death cases is two years from the date of the person’s death. This is a strict deadline, and if a lawsuit is not filed within this period, your family will likely lose the right to seek compensation forever. It is very important to contact an attorney as soon as possible to ensure your rights are protected.

      At Wyant Law, we handle wrongful death cases on a contingency fee basis. This means you do not pay any attorney’s fees upfront. We only receive a fee if we successfully recover compensation for your family through a settlement or a court verdict. If we do not win your case, you owe us nothing for our legal services.

      Indiana follows a modified comparative fault rule. This means your family may still be able to recover damages as long as your loved one was not 51% or more at fault for the accident. If they are found to be partially at fault (but 50% or less), the compensation award would be reduced by their percentage of fault. For example, if your loved one was found 20% at fault, the total damages would be reduced by 20%.

      A wrongful death claim is a civil lawsuit, while a case brought by the state (like for vehicular homicide) is a criminal action. The two are completely separate. A wrongful death lawsuit’s goal is to obtain financial compensation for the victim’s family, while a criminal case’s goal is to punish the offender. A civil claim can be pursued regardless of whether criminal charges are filed.

      Who Can File a Wrongful Death Case in Fishers, Indiana?

      Attorney Christopher D. Wyant
      Indiana Wrongful Death Attorney, Christopher D. Wyant

      One of the most important procedural questions in a wrongful death claim is who has the legal authority to file the lawsuit. Indiana law is very specific on this point. The claim cannot be filed directly by a spouse, parent, or child. Instead, the lawsuit must be initiated by the personal representative of the deceased person’s estate.

      So, who is the personal representative?

      • If the deceased person had a will, they likely named a personal representative (sometimes called an executor) in that document.
      • If there was no will, the probate court will appoint a personal representative, who is often a close family member like a spouse or an adult child.

      Even though the personal representative is the one who officially files the lawsuit, they act on behalf of the surviving family members who are entitled to recover damages. The compensation recovered in the lawsuit is distributed to these statutory beneficiaries, not held by the estate.

      In Indiana, the beneficiaries typically include:

      1. The surviving spouse.
      2. Surviving children, if any.
      3. Other dependent next of kin, if no surviving spouse or children exist.

      In cases involving the death of a child, the rules are slightly different under a separate statute, Indiana Code § 34-23-2-1, which allows the parents to file the claim jointly. These legal rules can be complex, and a wrongful death attorney in Fishers can help your family navigate the process of appointing a personal representative and ensuring the claim is filed correctly.

      What Damages Are Available in a Wrongful Death Lawsuit?

      A wrongful death lawsuit seeks to recover compensation, known as damages, for the losses the surviving family members have suffered due to their loved one’s passing. The purpose of these damages is to provide financial relief for the tangible and intangible costs associated with the loss. While no amount of compensation can undo the tragedy, it can help ease the financial strain and provide a measure of accountability.

      In Indiana, the damages available in a wrongful death claim are intended to compensate the family for their losses, not to punish the at-fault party. These damages can generally be categorized as follows:

      • Economic Damages: These are the measurable financial losses that the family has incurred. This can include reimbursement for medical expenses incurred before death, funeral and burial costs, and the loss of the deceased’s expected future earnings and benefits.
      • Non-Economic Damages: These damages compensate for the profound, personal losses that do not have a specific price tag. The most significant of these is the loss of the deceased’s love, companionship, guidance, and support. For a child who lost a parent, this could include the loss of parental training and guidance.

      It is important to understand that Indiana law places some limitations on damages. For instance, punitive damages, which are designed to punish a defendant for particularly reckless behavior, are generally not available in wrongful death actions. Additionally, damages for the family’s grief and sorrow are not recoverable as a separate category, though they are inherently part of the loss of companionship.

      Calculating the full extent of these damages requires a thorough analysis of financial records, expert testimony, and a deep understanding of the family’s personal loss.

      How Can a Wrongful Death Attorney in Fishers Help with My Case?

      Navigating the legal system after losing a family member can feel impossible. The grief is raw, and the procedures are complicated. This is where a dedicated wrongful death attorney in Fishers can provide invaluable assistance, handling all the legal complexities so your family can focus on being there for one another. An attorney acts as your advocate, your guide, and your voice throughout the entire process.

      Here are some of the critical ways an attorney can help with your case:

      1. Conducting a Full Investigation: We will promptly begin investigating the accident to preserve evidence. This includes gathering police reports, interviewing witnesses, consulting with accident reconstructionists, and identifying all parties who may be at fault.
      2. Managing All Communication: Your attorney will handle all correspondence and negotiations with insurance companies. Insurance adjusters may try to offer a quick, low settlement, and we can protect your family from these tactics and fight for what is fair.
      3. Accurately Calculating Your Family’s Damages: We will work with financial experts and life care planners to determine the full value of your claim. This includes calculating lost future income, the value of lost household services, and the profound non-economic losses your family has endured.
      4. Navigating the Legal Process: We will take care of all legal filings, court deadlines, and procedural requirements, including the crucial step of setting up the deceased’s estate and appointing a personal representative.
      5. Providing Litigation and Trial Representation: While many cases settle out of court, we prepare every case as if it will go to trial. If a fair settlement cannot be reached, Chris Wyant has the trial experience needed to represent your family in court.

      Having a skilled and compassionate wrongful death lawyer on your side ensures your family’s rights are protected at every turn.

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      Contact Our Trusted Fishers Wrongful Death Attorney at Wyant Law Today

      Attorney Christopher D. Wyant

      We know that this is an incredibly painful and challenging time for your family. You are not alone. At Wyant Law, we are here to provide the compassionate support and determined legal advocacy you need to navigate the path ahead. Attorney Chris Wyant is committed to providing honest, straightforward advice and working tirelessly to help your family achieve a sense of justice and security.

      Let us handle the legal burdens so you can focus on healing. We serve clients in Fishers, Hamilton County, Indianapolis, and throughout the state of Indiana.

      For a free, no-obligation consultation to discuss your case with a caring Fishers wrongful death lawyer, please contact Wyant Law today at 317-683-0333 or through our online form.

      Client Reviews

      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.

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