Fishers Wrongful Death Attorney
Helping residents throughout Fishers, Indiana
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.
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Evan Howard
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
- 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.
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:- 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.
- 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.
- Causation: This breach of duty directly caused the accident and the resulting injuries that led to your family member’s death.
- Damages: The death resulted in quantifiable damages, such as medical expenses, funeral costs, lost income, and the loss of companionship.
Types of Wrongful Death Cases We Handle
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Pedestrian and Bicycle Accidents
- Drunk Driving Accidents
- Slip and Fall Incidents (Premises Liability)
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.Who Can File a Wrongful Death Case in Fishers, Indiana?
- 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.
- The surviving spouse.
- Surviving children, if any.
- Other dependent next of kin, if no surviving spouse or children exist.
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.
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:- 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.
- 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.
- 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.
- 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.
- 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.
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