Wrongful death claims can be as legally challenging as they are emotionally challenging. While prevailing with a fair settlement can never right the wrong you have suffered or alleviate the pain of losing a loved one, it can help you and your family as you make your way forward.
Wrongful death claims include a wide range of legal intricacies. However, the Indianapolis wrongful death statute of limitations is of primary importance as it allows just two years to file your claim. In the wake of losing a loved one to someone else’s negligence, you have plenty to deal with. While you focus on healing, an experienced wrongful death attorney at McCready Law can help guide your claim forward effectively and efficiently.
A statute of limitations refers to the amount of time that the law allows to file a lawsuit in the aftermath of an accident. In Indiana, just two years are allotted from the date of a loved one’s death to file a lawsuit against the at-fault party in a wrongful death case.
There is a considerable amount of work to be done within the time allowed by the statute of limitations, making it important to consult a trusted wrongful death attorney in Indianapolis as soon as possible.
Both personal injury and wrongful death claims hinge on negligence. The victim’s family or estate must prove that the other party was the direct cause of the accident that ultimately resulted in the loss of their loved one.
Proving fault can take a considerable amount of effort and time. The skills of a resourceful wrongful death lawyer are critical to gathering the evidence necessary to build a strong case, including:
This crucial evidence must be promptly collated to make a wrongful death claim in Indianapolis within the prescriptive period set by the state.
To effectively settle a wrongful death claim, another critical matter to resolve within the legislated timeframe is determining the full extent of the losses involved. This includes both economic and non-economic damages.
Economic damages refer to those that have a value attached, such as a loved one’s final medical bills and their funeral and burial costs. Another clear example is the amount of income and related benefits the decedent’s household lost due to the wrongful death.
Non-economic losses are more difficult to assign a value to. They are, however, just as important, and can overshadow the other categories of loss combined.
Key examples of non-economic losses include the pain and suffering the victim endured after the accident that ultimately proved fatal. The pain and suffering experienced as a result of losing a loved one must also be taken into consideration, as well as the loss of the decedent’s companionship, guidance, and love.
Wrongful death cases are admittedly complex. This is in addition to the magnitude of loss that the surviving family is coping with after the death of their loved one. As a result, two years could pass before family members even recognize that a wrongful death case could help them on the long and difficult road forward.
After the death of a loved one due to someone else’s negligence, one of the most important steps to take is to consult with a knowledgeable personal injury attorney from the outset. This helps to ensure the right to file a lawsuit against the at-fault party within the statute of limitations and sets the stage for recovering the full range of legal damages for a wrongful death in Indianapolis.
The statute of limitations to file a wrongful death claim In Indy is a brief two years. This makes securing legal guidance early on the best course of action, and the proactive attorneys at McCready Law have the experience, legal insight, and drive to help you. For more information and to discuss your circumstances, contact McCready Law online or call the team to schedule a free consultation today.
