Indianapolis Wrongful Death Case Process

The wrongful death of a loved one can involve an emotionally and legally challenging civil case. Every wrongful death case has unique circumstances, but the Indianapolis wrongful death case process remains the same across all related legal actions. If you lost a loved one due to someone else’s negligence, turn to the compassionate wrongful death attorneys at McCready Law for the help you need.

Step One: Secure Well-Established Legal Representation

When dealing with the wrongful death of a loved one, the most important first step that anyone can take is to consult a law firm. A dedicated lawyer could offer effective and efficient guidance through the claim process in Indianapolis. This could relieve the plaintiff of a considerable amount of stress and offer them the peace of mind that comes from knowing they are in good legal hands.

Step Two: Establish the Elements of a Case

To begin the process in Indianapolis, the attorney establishes the elements of the wrongful death case. To bring a successful claim, each of the following elements must be present:

  • The at-fault party owed the victim a duty of care, which means they had a responsibility regarding their safety; for example, a driver bears some responsibility for the safety of everyone else on the road
  • The at-fault party was negligent and failed to uphold this responsibility; for example, in cases involving traffic accidents, driver negligence might include distracted driving, excessive speeding, or driving under the influence
  • The at-fault party’s negligence was the direct cause of the fatal accident
  • The plaintiff suffered losses related to the wrongful death

Each of these elements requires evidence.

Step Three: Gather Evidence

At this point in a wrongful death suit, the lawyer focuses on gathering evidence to build a case that the involved insurance company will have difficulty refuting. The key concerns are proving that the other party’s negligence caused the accident in question and that it led to legal damages, such as:

  • The deceased’s medical bills
  • The deceased’s funeral and burial costs
  • The pain and suffering the deceased endured prior to death, and the pain and suffering the plaintiff experienced as a result of the death
  • The deceased’s lost earnings and related benefits and their impact on the plaintiff’s household
  • The plaintiff’s loss of the deceased’s companionship, love, and guidance

Step Four: Engage in Skilled Negotiations

Most wrongful death claims are settled out of court, and a savvy wrongful death attorney may engage in robust negotiations on the plaintiff’s behalf. The goal is to reach a settlement that covers the plaintiff’s losses in their entirety, which may require considerable back-and-forth between the two sides.

Engaging in the steps necessary to create a solid wrongful death case in Indianapolis helps to ensure that negotiations go smoothly. It also affords the insurance company little leverage to negotiate down the compensation the plaintiff is entitled to.

Step Five: Proceed to Court if Necessary

The statute of limitations for filing a wrongful death lawsuit is a mere two years. Because these cases tend to be legally complex, they can take a considerable amount of time to settle fairly. In Indianapolis, a wrongful death lawyer could file the lawsuit on the plaintiff’s behalf to signal their intention to take it to court, which can ultimately help bolster negotiations.

Only if the insurance company refuses to engage in fair negotiations might an attorney advise the plaintiff to take the matter to court. If this does happen, it is important to have a lawyer who could fiercely advocate for an optimal outcome that honors the plaintiff’s rights.

Call an Experienced Indianapolis Lawyer To Start the Wrongful Death Process Today

The Indianapolis wrongful death case process is challenging, and it is advisable to have professional legal counsel advocating for your rights from the start. The personal injury attorneys at McCready Law take immense pride in their reputation for success and appreciate the opportunity to faithfully serve your legal needs. To learn more about what McCready Law could do to help, please contact them online or call today.