Who Can File a Wrongful Death Suit?

Wrongful Death Suit in Indiana

 

Personal injury claims are often associated with a truck accident, bus accident, car accident, motorcycle accident, or other automobile accidents. Auto accidents, in general, can be pretty deadly. They can leave a lasting impact on the family members, or any other loved one of those involved in an accident. 

If any of your loved ones die in a vehicle accident or other similar incidents, seek legal advice right away. Consult with credible Goshen personal injury lawyers to know if you can sue for wrongful death damages.

 

What to Do After an Accident

Although fatal car crashes and other vehicle accidents have claimed the lives of so many motorists and pedestrians, wrongful death could be an outcome of different types of accidents. 

After an accident, immediately dial emergency phone numbers and seek medical treatment. In catastrophic incidents, timing is critical. Beyond the possibilities of disfigurement, spinal cord injuries, or even brain injuries, it could be a matter of life and death.

While waiting for first aid, contact relevant authorities and have a police report created. It is essential to keep in mind that the steps taken after an auto accident will play a crucial role when you try to recover compensation for serious injuries. Experienced Goshen personal injury attorneys can check for any negligence and help you file an injury lawsuit following the legal process.

 

Filing a Personal Injury Claim and Your Legal Rights

Pursuant to personal injury laws, someone must take responsibility for the accidental death to have a valid wrongful death claim. The negligent party is often another motorist, a company, or a government entity that acted carelessly and caused the accident. In proving fault in an accident lawsuit, pictures, and other documentation, together with testimonials from witnesses, are especially helpful.

Several factors will influence the damages that are available in a wrongful death claim. The type of claim you can file depends largely on your relationship with the person who died. Here, an experienced Goshen personal injury lawyer can provide legal representation and help with paperwork related to your accident case. They can help show the negligence of the party at fault and how it caused the death that is at the core of your claim.

 

Personal Injury Claims Involving Death

Serious injuries have tremendous debilitating effects, but even more so is the impact of the death in the family. The loss of someone you care about is never easy, and heightened levels of stress and confusion have to be set aside to work on funeral planning and filing all relevant paperwork. Making decisions alone is never advisable given such a situation, so get reliable legal advice.

In the past, the family of a deceased person could not sue for money damages stemming from the death. Essentially, one cannot file a civil lawsuit over the death of an accident victim. At present, under relevant wrongful death statutes, a representative of a decedent’s estate can sue for civil damages. In most personal injury cases, the immediate family of the decedent files a wrongful death claim against the party at fault. This can include damages for grief, sorrow, and mental suffering.

 

Suing for Wrongful Death of Another

Being involved in an accident is devastating in many ways. Being involved in an accident would often come with a lifetime of physical pain and emotional distress due to severe injuries sustained. Depending on the severity of the bodily injury, others are unable to return to work. In some personal injury cases, however, car crashes or other accidents lead to the demise of a family member.

Surviving family members of accident victims file wrongful death claims for a variety of reasons. Some people file to have a form of closure for their loss of a loved one. Others who were gravely affected financially seek compensation for damages to survive, while others file claims for the loss of comfort, guidance, or financial support.

Families of accident victims make sure that the motorist at fault is made accountable for any recklessness or negligence from their end. Recovering monetary compensation for medical expenses is not easy, but it is something that you could do.

 

Seeking Legal Help from a Competent Local Attorney

If you are a surviving family member, you can bring a claim for the total value of the victim’s life, often represented by the loss of expected income, loss of possible benefits, or loss of inheritance. These intangible benefits could be received from the deceased, such as loss of care, loss of nurturing, loss of companionship, or loss of consortium.

Keep in mind that it is best to consult with a hands-on accident attorney before negotiating for insurance claims and making statements to your insurance company. Contact our Goshen personal injury law firm to get in touch with a reliable local attorney. Call our Goshen personal injury lawyers at Wilson & Kinsman, LLC for legal help and assistance.