There is no legal remedy for the pain of losing a loved one. Whether in a motor vehicle, bicycle, pedestrian, premises, or any other accident, sudden death caused by the carelessness or fault of another is devastating. We understand that nothing can replace what was lost.
Our goal is to help anyone who has lost a loved one due to negligence by another party and assist them in obtaining compensation which may be justly owed. Filing a wrongful death claim may help compensate for the financial loss as well as some of the intangible losses your family has suffered.
Contacting an Indianapolis wrongful death lawyer who has compassion, skill, and determination is the best first step in finding legal help in making your wrongful death claim.
We want to honor your loved ones by fighting for their rights. Through no fault of your own, you may be left with unpaid medical bills, funeral costs, and a loss of income that you may have depended on for your own survival.
The terrible thing about these situations is that this is often the last thing on your mind when dealing with such a grievous emotional time. Craig, Kelley & Faultless LLC can help guide you through the legal process and fight for your rights while giving you the time and space you need to grieve for your loss.
Let an Indianapolis Wrongful Death Attorney Handle Your Claim
Wrongful death claims are a statutory cause of action. Indiana law specifies the type of damages that can be recovered and who is entitled to recover. An attorney with experience handling wrongful death claims can help the family navigate through the law.
A wrongful death claim is intended to establish who is liable for the death, as well as whether the surviving family should be compensated for their loss. Compensation can help the family pay for medical bills, fill the gap left in the family income, as well as help pay for any therapy that may be needed to cope with the loss.
Understanding Indiana Wrongful Death Claims
Wrongful death occurs when a person dies due to the negligent, careless, intentional, or reckless act of another person or entity. In Indiana, state legislation defines which circumstances constitute a wrongful death as well as who is eligible to get monetary damages if a wrongful death claim is proven.
You need an experienced Indianapolis wrongful death lawyer to help you with the legal specifics and ensure you receive fair compensation for damages.
Some of the damages you can receive compensation for are:
- Reasonable medical, hospital, funeral, and burial expenses.
- Lost earnings or expected future income of the deceased person.
- Loss of love and companionship.
In the unfortunate case where the lost loved one was a child, further damages may be awarded, including:
- Health care and hospitalization necessitated by the wrongful act that caused the child’s death.
- Uninsured debts of the child for which a parent is obligated.
- The reasonable expense of psychiatric and psychological counseling incurred by a surviving parent or minor sibling of the child because of the death of the child.
There are many hidden costs of losing a loved one. Not only in the form of medical bills, end-of-life services, or other tangible costs, but also in the way of the heavy emotional toll on the family members.
This often leads to expensive counseling or therapeutic costs, as well as lost work earnings due to necessary leave from work.
The loss of a loved one is devastating to a family and is even more shocking and unfortunate when it was caused by the negligent or intentional act of another person or entity.
Why You Need to Speak With an Indianapolis Wrongful Death Lawyer
Our compassionate Indianapolis wrongful death attorneys have more than 26 years of experience as personal injury lawyers in Indiana.
Our attorneys are well versed in Indiana state-specific laws and know how to structure a wrongful death claim to give you the best chance at optimum compensation that may be deserved.
Our attorneys are highly skilled in both negotiation and litigation related to wrongful death claims. If reaching a settlement is not feasible, we stand ready to take your case to trial and fight hard to win the compensation you deserve.
Car Accidents Often Lead to a Wrongful Death Claim
The most common wrongful death suits are brought by the families of those killed in motor vehicle accidents.
As longtime Indianapolis wrongful death attorneys, Craig, Kelley & Faultless LLC has handled thousands of cases stemming from car crashes, truck collisions, and motorcycle, bicycle, and scooter accidents.
Some cases involve reckless conduct, such as drunk driving or reckless driving. Others extend to manufacturers or corporations if tire or vehicle malfunctions played a role in an accident, or if a commercial driver violated certain legal guidelines.
Whatever the circumstances of a fatal vehicle accident, we have the resources to advance expenses and hire the necessary experts to properly handle your case. We also have the experience and tenacity to fight to get you what you deserve from at-fault individuals and insurance companies.
Call for Immediate Help from Experienced Indianapolis Wrongful Death Attorneys
If a loved one has been killed in an accident, we can help. Call (888) 937-3862 to request your free consultation with an Indianapolis wrongful death attorney with Craig, Kelley & Faultless LLC. We have several satellite offices and meeting locations.
Our wrongful death law firm serves clients in Batesville, Indianapolis, Fort Wayne, Anderson, Muncie, and Lafayette, Indiana.
We’ll gladly set up an appointment at a location convenient to you or in your home. It is our mission to help families who have been impacted by the negligent, reckless, and wrongful acts of another party.
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.
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