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Losing a loved one is one of the hardest things a family can go through. When that loss is due to someone else’s careless actions, it becomes even more painful. You may be overwhelmed with grief and unsure of what steps to take. Vaughn A. Wamsley helps grieving families understand their legal rights and options.
If you believe someone’s negligence caused your loved one’s death, you may have the right to seek compensation through a wrongful death claim. Our team is here to support you and fight for justice. We have experience handling these cases throughout Indianapolis and the surrounding communities in Indiana.
Understanding Wrongful Death In Indiana
In Indiana, wrongful death occurs when someone dies due to the careless or intentional acts of another person or entity. This can happen in many situations, such as:
- Car accidents
- Commercial truck crashes
- Motorcycle collisions
- Medical malpractice
- Workplace accidents
- Defective products
- Nursing home neglect
If the person who died could have filed a personal injury lawsuit had they survived, their family may file a wrongful death claim instead.
Indiana’s wrongful death laws are found under Indiana Code § 34-23-1. This law allows the personal representative of the deceased person’s estate to bring a lawsuit on behalf of the surviving family members.
Who Can File A Wrongful Death Claim
Only certain people can file a wrongful death lawsuit in Indiana. These include:
- A surviving spouse
- Dependent children
- Dependent next of kin
- The personal representative of the estate
If the person who passed away was a child, the claim must be brought by the child’s parent or legal guardian.
We will help you determine who has the right to take legal action and what compensation you may be eligible to receive.
Proving Negligence In A Wrongful Death Case
To hold someone legally responsible for wrongful death, we must prove that they acted negligently. This means they failed to act with the level of care a reasonable person would have used in the same situation.
To prove negligence, we must show:
- The responsible party had a duty to keep others safe
- They failed to meet that duty
- Their failure directly caused the death
- The surviving family suffered financial or emotional harm
As a trusted wrongful death lawyer in Indianapolis, we conduct a thorough investigation to gather evidence and support our clients’ claims. This may include accident reports, medical records, witness statements, and expert opinions.
What Types Of Compensation Are Available
In a wrongful death claim, the court may award damages to cover both financial and emotional losses. This compensation can help families move forward.
Damages may include:
- Funeral and burial expenses
- Medical bills before death
- Loss of the deceased person’s income
- Loss of companionship and emotional support
- Pain and suffering experienced by surviving loved ones
- Legal fees and court costs
The amount available depends on several factors, including the deceased’s age, income, and the circumstances of the accident. As an experienced personal injury attorney in Indianapolis, we work hard to maximize the compensation for your family.
Time Limits For Filing A Claim
Indiana law sets a strict deadline for filing a wrongful death lawsuit. This is known as the statute of limitations. In most cases, you have two years from the date of death to take legal action.
If you miss this deadline, you may lose your right to recover compensation forever.
Do not wait. If you suspect that someone else’s actions caused your loved one’s death, contact our office as soon as possible. A delay could hurt your case. We can begin investigating right away.
Common Causes Of Wrongful Death In Indianapolis
Our firm handles a wide range of fatal accident cases across Indianapolis. Some of the most common causes we see include:
Auto Accidents
Negligent drivers who speed, text while driving, or drive under the influence can cause deadly crashes. A skilled Indianapolis personal injury lawyer can help hold them accountable.
Medical Mistakes
Doctors, nurses, and hospitals can be held liable for fatal errors, including surgical mistakes, incorrect medications, or delayed diagnoses.
Workplace Incidents
Construction accidents, unsafe equipment, and failure to follow safety rules can result in tragic deaths. Families may be entitled to workers’ compensation and a third-party claim.
Nursing Home Neglect
Elderly residents may suffer fatal injuries due to falls, abuse, or medical neglect. We investigate facilities that fail to provide proper care.
How Our Legal Team Can Help You
At Vaughn A. Wamsley, we understand that taking legal action may be the last thing on your mind after a loss. But holding the responsible party accountable can bring your family closure and financial security.
We handle every aspect of the case, including:
- Investigating the cause of death
- Collecting and preserving evidence
- Calculating your damages
- Filing all necessary legal documents
- Dealing with insurance companies
- Representing you in court, if needed
You deserve a team that will fight for you. Our Indianapolis, Indiana injury lawyer team offers personalized attention and aggressive representation.
We Handle Wrongful Death Cases With Compassion And Experience
You are not alone in this. Many families in Indianapolis have turned to our firm after losing a loved one. We offer free consultations to help you learn about your rights and have your questions answered.
Our legal team understands the emotional toll that these cases can take. We approach every case with care, dedication, and a commitment to justice. Let us be your voice during this difficult time.
Take The First Step Today
No amount of money can replace a loved one. However, holding the negligent party accountable can help ease the financial burden and prevent similar tragedies in the future.
We are here to help you through every step of the legal process. Call us today to speak with a trusted wrongful death lawyer in Indianapolis. We will listen, guide you, and stand by your side.