Wrongful Death Lawyer in Avon, Indiana
The sudden loss of a loved one can provoke many overwhelming feelings, such as shock, grief, and a sense of uncertainty about how to move forward. When such losses occur due to fatal accidents that could have been prevented, surviving family members may also experience a profound sense of injustice and anger. In addition to these emotions, those who are left behind may face additional struggles, such as hospital bills from their loved one’s final days, the costs of an unexpected funeral, and the loss of income they may have depended on.
In such difficult times, eligible survivors may be eligible to file a wrongful death action against the party responsible for their loved one’s passing. An experienced attorney from Craig Kelley & Faultless LLC can guide you through your wrongful death case from start to finish, maximizing your chances of receiving the financial compensation you deserve. Call us today or contact us online for a free consultation with one of our Avon wrongful death attorneys.
Choosing the Right Wrongful Death Lawyer in Avon
When facing the painful task of pursuing a wrongful death claim, selecting the right wrongful death attorney is crucial. Look for a lawyer with:
- Extensive experience handling wrongful death lawsuits and insurance claims
- A track record of successful settlements and verdicts
- Thorough knowledge of Indiana wrongful death laws
- Compassion and understanding of your situation
- Clear communication skills
- Resources to thoroughly investigate your case
At Craig Kelley & Faultless LLC, our experienced wrongful death attorneys have successfully represented Indiana families for over 30 years. We offer free consultations to discuss your case and explain how we can help you seek justice for your loved one.
Common Causes of Wrongful Death in Avon
Wrongful death can result from various circumstances, including:
- Truck accidents
- Car accidents
- Bus accidents
- Motorcycle crashes
- Pedestrian collisions
- Bicycle accidents
- Medical malpractice
- Dog bites
- Defective products
- Premises liability incidents
Our team has experience securing wrongful death settlements and verdicts in cases arising from all these situations and other types of personal injury cases.
The Legal Process for Filing an Indiana Wrongful Death Claim
Filing a wrongful death claim in Indiana involves several steps:
- Determine eligibility – In Indiana, the personal representative of the deceased’s estate (also called the executor) has the sole right to file the claim. Our experienced wrongful death attorneys can work with the personal representative to begin the process.
- Gather evidence – Next, we gather crucial evidence, such as accident reports, medical records, and witness statements, to identify the at-fault party(s) and determine liability.
- Calculate damages – We will calculate the full value of your wrongful death claim, accounting for economic losses like medical bills and non-economic ones like loss of affection and guidance.
- File the wrongful death claim – We’ll file all necessary paperwork accurately and on time.
- Negotiate with the liable parties – Our team will first seek a fair out-of-court settlement that compensates your family without the need for a time-intensive trial.
- Proceed to trial if necessary – If the liable party doesn’t make you a fair settlement offer, we are prepared to argue your case in court to demand every dollar you’re owed.
We will keep you informed throughout the claims process and guide you with compassion and tenacity.
Potential Damages Recoverable in Wrongful Death Claims
In Avon wrongful death cases, families may recover compensation for the following:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Lost wages and benefits the victim would have earned
- Loss of love, care, and companionship
- Counseling expenses for immediate family members
For cases involving the death of a child, additional compensation may be available. Our experienced wrongful death lawyers will give you a sense of how much your claim might be worth and pursue all applicable types of compensation.
Proving Liability in Wrongful Death Cases
Establishing fault in a wrongful death case requires a meticulous approach and attention to detail. At Craig Kelley & Faultless LLC, we employ a comprehensive strategy to demonstrate the wrongdoer’s liability for what happened by:
- Thoroughly investigating the incident – We gather and analyze all available evidence, including accident reports, medical records, accident scene photos, surveillance footage, and witness statements.
- Consulting with experts – We work with accident reconstructionist specialists, medical professionals, and other experts to build a robust case.
- Researching statutes and case law – Our team delves into applicable laws, regulations, and industry standards to identify any violations.
- Documenting what you’ve suffered – We compile a comprehensive record of the events leading up to the fatal accident and its aftermath.
- Building a solid case – We craft compelling arguments showing how the wrongdoer’s actions or negligence led to the fatal outcome.
Our skilled personal injury attorneys understand the nuances of wrongful death cases and how to build a persuasive case that stands up to challenges from insurance companies and defense lawyers. We will work tirelessly to uncover the truth and hold responsible parties accountable for their actions. By building a solid foundation of evidence and presenting it effectively, we aim to leave no doubt about the wrongdoer’s liability. This approach strengthens your claim and helps us pursue maximum compensation for your financial and personal losses.
How Our Wrongful Death Lawyers Can Help Your Family
If you are seeking compensation for wrongful death in Indiana, the Avon wrongful death lawyers at Craig Kelley & Faultless LLC are ready to listen to your story. After reviewing the facts, we will determine an intelligent strategy for handling your case. After identifying all liable parties, we will work to negotiate a fair wrongful death settlement with their insurer(s). However, if settlement talks fail to produce a reasonable offer, we won’t hesitate to file a wrongful death lawsuit and take your case to court.
Along the way, we guarantee to treat you with the respect and consideration you need during this challenging time. We understand that no legal action or monetary award will fill the void your loved one has left behind. Still, we see it as our duty to hold wrongdoers accountable and fight for justice for you and your loved one. Call us today or contact us online for a free consultation with an experienced wrongful death attorney in Avon.
Frequently Asked Questions
What constitutes a wrongful death?
A wrongful death occurs when someone dies because of someone else’s negligence, negligent act of omission, or wrongful action. It’s a preventable death, one that would never have happened but for the other party’s actions. Indiana law defines a wrongful death as one in which the deceased, if they had survived, would have had grounds to file a personal injury claim for damages against the at-fault party.
Who can file a wrongful death lawsuit in Indiana?
The wrongful death claim must be filed by the deceased’s personal representative. The personal representative may be the executor of the deceased’s will or, absent a will, the court-appointed representative of the estate.
What damages can be claimed in an Indiana wrongful death case?
Damages in a wrongful death lawsuit include any medical care the deceased needed after the accident before they passed, hospital fees, burial and funeral expenses, and anticipated lost earnings and benefits. The lawsuit could also seek compensation for the loss of love and companionship the death causes the surviving family.
How is liability determined in a wrongful death case?
Liability in wrongful death suits requires proof that the at-fault party caused the accident that resulted in the death. That means establishing the at-fault party had a duty of care to the deceased, fell short of that duty of care, and caused the incident leading to the deceased’s death.
What is Indiana’s statute of limitations for filing a wrongful death lawsuit?
The statute of limitations sets a two-year deadline for bringing a wrongful death suit against the at-fault party. If the deceased’s personal representative fails to initiate the legal process before the statute of limitations expires, a judge will almost certainly dismiss a later filed case.
How does the wrongful death claims process work?
The estate’s representative, often representing the family of the deceased, contacts a wrongful death attorney to initiate the claim. Once hired, the attorney can investigate the incident that caused the death and gather evidence of the wrongdoing that caused it. The evidence could include safety records of the establishment where the accident happened, driving records or a police report if the deceased was killed in a collision, witness statements, and photos or video of the fatal accident, for example.
Once the lawyer has a solid case for negligence, they may send a demand letter to the at-fault party or their insurer to demand appropriate compensation, or they could file a lawsuit. Many wrongful death cases are settled out of court through negotiations, mediation, or arbitration. The lawyer may represent the estate in these negotiations. Some cases go to trial, and so the wrongful death lawyer would litigate the claim in Indiana civil court.
Do I need a wrongful death attorney, and how do I choose one?
You are not required to have a wrongful death attorney to file a claim or lawsuit, but a lawyer can streamline the process and help you avoid pitfalls that could jeopardize your case. A lawyer also has resources you do not have, such as access to expert witnesses who could bolster your case and draw links between the accident and your loved one’s death.
Look for a lawyer with experience in wrongful death cases. Wrongful death cases may involve estimating the future lost earnings of the deceased, which can be complicated. The attorney you choose should also have trial experience and a track record of success with wrongful death claims.