Fatal Car Accident Lawyer in Kokomo
Losing a loved one in a crash is devastating. The grief is immediate, but the practical problems begin right away.
Families face medical bills, funeral costs, and calls from insurance adjusters. Our law firm guides families through this difficult time and pursues accountability from those who caused the harm.
Attorney Vaughn A. Wamsley has represented injured Hoosiers for more than three decades, and he brings a unique level of empathy because he endured a life-altering collision. Our car accident lawyers in Kokomo offer free consultations, and we do not collect a fee unless we recover compensation for you.
Why Families Choose Our Firm After A Fatal Crash
When a collision results in a wrongful death, your legal team must be both compassionate and relentless. Our firm has the resources to investigate serious cases, build them for trial, and press for the full measure of damages available under Indiana law.
Our publicly reported results reflect that commitment, including seven-figure recoveries in catastrophic motor vehicle cases. Past outcomes include recoveries listed on our website for an auto dump truck fatality and other serious crashes. Results vary based on the facts of each case, but they show how we prepare and pursue complex claims.
We are a contingency-fee practice. That means you pay no attorney fee unless we win money for your family. We also offer free legal advice, so you can speak with an attorney and learn your options without cost.
Meet Vaughn A. Wamsley
Vaughn A. Wamsley is admitted to practice in Indiana state courts and the U.S. District Courts for the Northern and Southern Districts of Indiana. He studied finance at Indiana University in Bloomington and earned his J.D. from Indiana University and Notre Dame. He spent one year as a Deputy Prosecutor and has otherwise devoted his career to securing fair compensation for injured people.
Vaughn also understands the human side of a fatal crash case. In 1982, he was struck by a drunk driver while bicycling, resulting in more than three months in the hospital. That experience is why he takes every injury and wrongful death claim seriously, and why he prepares for trial even when most cases resolve short of the courtroom.
We Serve Families In Kokomo
We represent clients throughout Central Indiana and regularly handle car accident matters arising in Howard County and the City of Kokomo. If you are searching for a Kokomo fatal car accident lawyer, our team is available to meet and start protecting your family’s rights.
What Makes A Fatal Car Accident A Wrongful Death Case
When a person dies because of another party’s wrongful act or omission, Indiana’s wrongful death statutes allow a civil claim for damages. The personal representative of the deceased person’s estate brings the action.
Different provisions govern different family situations, including claims for adults without dependents and claims for children. These laws define who may file, what damages may be recovered, and how compensation is distributed.
Key Deadline: In most cases, a wrongful death lawsuit in Indiana must be filed within two years of the date of death. Missing this deadline can bar the claim entirely, so early legal action is critical.
Who Can File And What Damages Are Available
Who files. Under Indiana Code, the personal representative of the estate generally files the lawsuit. Eligible beneficiaries depend on the status of the deceased, including whether the deceased had dependents.
Damages. Recoverable damages may include medical expenses before death, funeral and burial costs, loss of the deceased’s earnings, and the loss of love, care, and companionship suffered by the family.
In cases involving medical malpractice or other specific defendants, certain statutory limitations may apply to non-economic damages. We explain how these rules apply to your particular facts and preserve every category of compensation the law allows.
How We Build A Strong Fatal Crash Case
Every wrongful death case begins with a disciplined investigation. Our approach includes:
- Securing Evidence Early: We obtain police reports, 911 audio, crash data from the vehicles involved, roadway surveillance or doorbell video, and any event data recorder information that may exist. We send preservation letters immediately to prevent the destruction of evidence.
- Working With The Right Experts: We retain accident reconstructionists to analyze speed, braking, sightlines, and impact dynamics, and medical experts to connect injuries to the crash. When appropriate, we consult economists to quantify the future income and benefits your family has lost.
- Preparing For Trial From Day One: While many claims settle, our litigation strategy assumes the case could be tried to a verdict. This posture helps us negotiate from a position of strength and positions your family to obtain full value.
Common Scenarios In Fatal Motor Vehicle Claims
We handle a wide range of fatal crash scenarios in and around Kokomo, including:
Drunk or Drug-Impaired Driving
Impairment reduces reaction time and decision-making. We move quickly to secure toxicology evidence and criminal case records when available.
Distracted Driving
Texting and other distractions are frequent root causes. We pursue device records and witness accounts to prove distraction.
Speeding and Reckless Driving
Excess speed magnifies crash forces and injury severity. Reconstruction and scene measurements can establish excessive speed.
Commercial Vehicle and Dump Truck Collisions
Heavy vehicle crashes require knowledge of federal and state safety rules and immediate evidence preservation. Our firm’s results include seven-figure recoveries in serious truck-related cases.
The First 30 Days After A Fatal Crash
The first month is often the most important. Here is a realistic roadmap for families:
- Day 1 to 7: Safety, Notifications, and Preservation: Notify close family, select a funeral home, and identify the likely personal representative. Contact our office so we can send preservation notices to at-fault drivers, insurers, and potential custodians of camera footage.
- Day 8 to 21: Investigation and Benefits Coordination: We gather official reports, request medical records, identify all insurance coverages, and begin expert review. We also help the family explore immediate resources and benefits where available.
- Day 22 to 30: Liability and Damages Build-Out: We finalize an investigative plan, retain needed experts, and start documenting financial losses and the family’s non-economic harms. We position the case either for a well-supported settlement demand or for filing suit if the insurer will not act in good faith.
How Comparative Fault Works In Indiana
Indiana follows a modified comparative fault rule. If the decedent is found to be less than 51 percent at fault, the estate can still recover damages, reduced by the decedent’s percentage of fault. If the fault is 51 percent or more, recovery is barred. Understanding and addressing comparative fault is a core part of our early strategy.
Insurance Companies And Settlement Tactics
Insurers act quickly after a fatal collision. Early offers are often designed to resolve the case for less than its full value. Our role is to control the information flow, stop improper contact with the family, and present the story of who your loved one was with clarity and proof. If the insurer does not make a fair offer, we file suit and litigate to secure a just result.
Evidence Families Can Help Us Gather
Every case is unique, but families can strengthen claims by sharing:
- Photos or videos of the scene or vehicles
- Names of witnesses or first responders you spoke with
- Proof of earnings, benefits, or household services the decedent provided
- Messages, posts, or emails related to the crash
- Any funeral or medical bills already incurred
We organize and secure this material so that it supports the larger investigative record and the expert work we commission.
How A Fatal Crash Case Proceeds
Although the timeline varies, these are the typical phases:
Intake and Immediate Preservation
We open the file, send preservation letters, and map out the investigation.
Estate And Probate Coordination
We guide the family in appointing a personal representative when necessary, ensuring the claim is filed correctly.
Demand And Negotiation
Once we have sufficient proof, we submit a comprehensive settlement package. If negotiations stall, we proceed.
Filing Suit
We draft and file the complaint within the two-year statute of limitations and then conduct discovery, depositions, and expert disclosures.
Mediation, Trial, Or Appeal
We use mediation where appropriate and try cases when necessary. Our preparation from day one gives your family leverage at every stage.
Local Help From A Car Wreck Lawyer In Kokomo, IN
Fatal collisions in Kokomo often involve the same dangerous behaviors seen statewide, such as speeding, impairment, and distraction. Our Kokomo accident resources explain common causes, typical injuries in serious crashes, and how claims unfold. If your family needs a car wreck lawyer in Kokomo, IN, reach out and we will meet with you to plan the next steps.
Answers To Common Questions
How long do we have to file a lawsuit?
In most cases, you have two years from the date of death to file a wrongful death claim in Indiana. There are limited exceptions, so speak with an attorney as soon as possible.
Who actually files the case?
The personal representative of the estate files the lawsuit. The beneficiaries and the way damages are distributed depend on the statutes that apply to your family’s situation.
Will our case settle or go to trial?
Most cases settle, but we prepare every case for trial from day one so that we can negotiate from a position of strength. If the insurer refuses to pay a fair amount, we will litigate.
What does it cost to hire your firm?
We do not charge for legal advice, and we do not charge a fee unless we recover compensation for you.
Why Our Perspective Matters
Fatal crash cases are more than spreadsheets and statutes. They are about people, memory, and accountability. Because Vaughn personally endured a catastrophic collision caused by an impaired driver, our entire team approaches these cases with urgency and respect for what your family is going through.
That perspective shapes how we prepare evidence, how we speak with insurers and juries, and how we measure success.
Call A Kokomo, Indiana Accident Attorney Today
If your family lost a loved one in a car accident, speak with us as soon as you are ready. We will answer your questions, outline your legal options, and begin protecting your rights immediately. Consultations are free, and there is no fee unless we win. Contact our office today to speak with a Kokomo fatal car accident lawyer who will stand with your family and fight for accountability.
Serving Kokomo and surrounding communities. Free consultations. No fee unless we win.