The sudden and unexpected death of a family member can cause monumental grief. Getting through each day without the companionship and love of your spouse, child, or parent can seem unbearable. You might feel overwhelmed as you are left with a lot of unexpected medical expenses. If your loved one contributed to the family’s finances, you might also be experiencing financial uncertainty.
If you believe your loved one died because of someone else’s mistake, you might be eligible for some financial relief. An Indianapolis wrongful death lawyer could help you seek monetary damages in a personal injury claim.
Wrongful death is a heavy term that refers to someone dying because of another person’s reckless or careless actions. It could be a crash on the highway, a slip and trip on stairs, or even a defective product. Whether it is a distracted driver, a negligent nursing home, or an employer ignoring safety regulations, it all comes down to responsibility. These are preventable deaths. If someone acted in a way that led directly to a death in Indianapolis, it is time to hold them accountable by contacting a wrongful death attorney.
These tragedies can shatter families. The emotional toll is immense, but the financial impact can be just as severe as bills accumulate. If the deceased was the main source of income, the family is left scrambling, and in these situations, a wrongful death claim might offer some relief. It will not bring the person back, but it can help bring justice and much-needed financial support to those left behind.
Preventable deaths occur in many different situations. A wrongful death occurs whenever someone dies because of another person’s negligent, careless, reckless, or willful conduct. After a wrongful death occurs, the deceased person’s family members might be eligible to sue the responsible parties. While wrongful deaths can happen in many different ways, they most commonly arise out of the following situations:
A dedicated legal team could comb through the evidence, searching for proof that the defendant’s actions or inactions led to the decedent’s death. The purpose is to demonstrate that if the defendant had acted reasonably and appropriately, the death would not have occurred. An Indianapolis wrongful death lawyer must look for evidence establishing the defendant’s actions as the proximate cause of the decedent’s death.
A sudden death can upend the lives of many people. Immediate family members, extended family members, classmates, friends, neighbors, and coworkers can all grieve extensively. However, not every grieving person is legally eligible to file a wrongful death legal claim in Indiana.
When an injured person files a personal injury suit, they file a claim for themselves because they are the one who suffered the harm. In a wrongful death claim, the person who suffered the grievous injury that led to their death cannot file a claim for themselves. In Indiana, the personal representative of the decedent’s estate generally files a wrongful death claim on behalf of the deceased person’s heirs. In most cases, only people who are closely related to the decedent, such as the surviving spouse, children, or parents, are eligible for compensation.
A seasoned wrongful death attorney in Indianapolis could help a person determine if they are eligible to bring a claim or collect the proceeds from a lawsuit brought by the estate.
If a family is struggling without its main source of income, it can be helpful to know how close relief is. Below is a generic overview of what a family might expect.
The first step is gathering the facts: locate medical records, accident reports, and witness statements. This can take a few months, depending on the complexity of the case. If it is necessary to talk to experts such as toxicologists or environmental scientists, this can add to the timeframe.
Once everything is in place, McCready Law will file the claim. This usually takes a month but can be longer. The court must receive the paperwork, and a personal representative must be named. Only close family can file, so stepchildren, fiancés, or parents of the deceased should speak to an attorney to see if they are eligible to file.
During discovery and negotiation, both sides exchange information. There are more depositions, expert testimony, and negotiations for a settlement. This can take four to six months but could last longer.
If the parties cannot reach a deal, there may be a trial, which can unfortunately last a year or more, depending on how complicated the case is. If the jury rules in favor of the family, damages are awarded to financially compensate the family for the untimely death of their loved one.
It can be a long, frustrating process. Having the right Indianapolis wrongful death legal team could make the process less stressful. Each step brings justice a little closer.
In Indiana, there is a limited time to pursue wrongful death cases. The legal term for this is a statute of limitations, which gives the family a set time frame to take action. The clock starts the moment the death occurs. Typically, the family has two years to file a wrongful death claim, and if it is not filed within that time frame, the right to sue is gone.
However, there are some exceptions. If the death was the result of someone’s deliberate act, such as a violent crime, the time limit might be extended. The same is true if the death was not immediately discovered. An example of this could be finding out years after a person’s death from mesothelioma that he had worked in a building laden with asbestos. In such a case, the clock starts with the discovery of the asbestos exposure.
It is crucial to act fast and receive legal assistance for an Indianapolis wrongful death as early as possible. The legal time limits are strict. If a family waits too long, they could lose their chance to seek justice.
If you lose a loved one due to someone’s misconduct, the responsible party should be held accountable. Because the laws on wrongful death claims can be complicated, working with an experienced and knowledgeable lawyer is critical. A compassionate legal team could help guide you through the legal process while giving you the time to focus on your family and getting your life back together.
Call an Indianapolis wrongful death lawyer today.
