Determining Negligence in Indianapolis Wrongful Death Claims

Determining negligence in Indianapolis wrongful death claims is similar to identifying negligence in any personal injury claim. However, the difference is that the victim lost their life as a result, and the claim is brought on behalf of their estate and their survivors.

No amount of compensation can adequately address your grief in the wake of a loss this immense. The experienced wrongful death attorneys at McCready Law can, however, help you pursue the compensation to which you are entitled and that you will need on your journey forward toward healing.

What Accidents Are Wrongful Death Claims Based On?

Every wrongful death claim is unique to the situation. However, these cases are often based on the following:

Regardless of the type of accident, a successful claim for wrongful death requires you to demonstrate specific elements, including negligence.

The Elements of Your Wrongful Death Claim

To bring a successful wrongful death claim in Indianapolis that delivers fair compensation, you will need to prove several basic elements, including negligence.

Duty of Care

The other party involved must have owed your lost loved one a duty of care, which means the other party had a responsibility for the victim’s safety. Numerous examples of duty of care arise, such as: motorists bear a serious duty of care for everyone else on the road. In addition, property owners are responsible for taking the same precautions that other reasonable property owners do under similar circumstances.

Negligence

The other party involved must have breached the duty of care they owed your loved one, which means they engaged in some form of negligence. When it comes to traffic accidents, this often means distraction, fatigue, excess speed, impairment, failure to follow traffic laws, or aggression. You must establish negligence regardless of the kind of injury-causing accident involved.

Direct Cause

The other party’s negligence must be the direct cause of the fatal accident.

Legal Damages

You must also demonstrate that there are legal damages involved, meaning losses that can be addressed by the law. In a wrongful death claim, this can include:

  • Medical expenses your loved one incurred after the accident and prior to death
  • Pain and suffering your loved one endured after the accident and prior to death
  • Cost of your loved one’s funeral and burial
  • Financial damage you experience as a result of your loved one’s lost income and related benefits
  • Pain and suffering you endure in response to your tragic loss
  • Loss of your loved one’s love, guidance, and companionship

Proving the Other Party’s Negligence

Your wrongful death claim will hinge on proving that the other party’s negligence caused your relative to lose their life. This will come down to the evidence. A persuasive lawyer could gather and skillfully compile the evidence necessary to effect a fair settlement, including:

  • Eyewitness testimony
  • Photos and videos captured by bystanders at the accident scene
  • Footage from security cameras, traffic cameras, and dashcams in traffic accidents
  • Expert witness testimony about the mechanics of the accident that helps identify fault
  • Professional recreation models that help illustrate how the accident happened
  • Physical evidence from the scene, such as skid marks left by vehicles in a traffic accident
  • Accident or police report, and any tickets issued

A seasoned personal injury attorney will spare no effort in the focused pursuit of the evidence necessary to protect your legal right to compensation.

Contact an Indianapolis Lawyer for Help Determining Negligence in a Wrongful Death

The savvy attorneys at McCready Law have extensive experience determining negligence in Indianapolis wrongful death claims. The firm has recovered over a quarter of a billion dollars for its clients, and welcomes the opportunity to help you as well. The outcome of your claim is important to your future, so please do not wait to contact McCready Law online or call for more information today. Consultations are always free with no obligation.