Bringing a Wrongful Death Claim After a Fatal Indiana Car Accident
Unfortunately, the road can be a dangerous place. Too often, car accidents result in serious injury or death. If you have lost a loved one in a fatal car accident, you may be unsure of your next steps. In addition to the grave emotional harm you have suffered, you may be overwhelmed by the financial consequences of a fatal accident. By filing a wrongful death lawsuit, you may be able to seek monetary compensation for your harm.
A recent Indiana car accident shows just how dangerous the road can be. As a local news article reported, a two-vehicle crash in Johnson County, Indiana, killed both drivers. The accident occurred on U.S. 31 when two vehicles collided in the northbound lane. According to local police, one driver was traveling in the wrong direction and collided head-on with the other vehicle, a Krispy Kreme truck. As a result of the collision, the vehicles caught fire. Both drivers were pronounced dead at the scene.
Can You Sue for Wrongful Death After a Fatal Indiana Accident?
Under Indiana law, a deceased victim’s loved ones can sue after a fatal accident for wrongful death. They can bring a claim as long as the deceased would have been able to sue if they had not died from the accident. The reason for this rule is to ensure that people who act negligently do not escape responsibility just because the deceased cannot personally sue them. When bringing a wrongful death lawsuit in Indiana, a deceased victim’s loved ones can recover damages to compensate for the financial and emotional harm they have suffered. Specifically, by filing a wrongful death claim, they can pursue medical and burial expenses, the deceased’s lost wages, and, for the deceased’s spouse, compensation for the emotional loss of the deceased’s companionship.
To bring a successful wrongful death claim, the deceased’s loved ones must prove the same elements of a negligence claim. That is, they must show the defendant owed a duty of care, breached that duty by acting negligently, caused the fatal accident, and that the victim died as a result. Under Indiana’s modified comparative negligence rules, a victim’s loved ones can receive damages even if the victim was partially at fault for the accident. As long as the victim was no more than 50% responsible for the accident, the victim’s loved ones can recover damages against the defendant. An experienced Indiana personal injury attorney can help you understand the laws that govern wrongful death lawsuits.
Do You Need an Indiana Wrongful Death Attorney?
While no amount of compensation will bring your deceased loved one back, a wrongful death action can help you recover from the financial burden of the fatal accident and bring you closure. If you have lost a loved one in a fatal Indiana car accident, the Indiana firm of Burton A. Padove can help you figure out your next steps. Mr. Padove has over 40 years of experience representing clients in Indiana personal injury and wrongful death suits. He will provide compassionate representation at every stage of your case. To schedule a free, no-obligation consultation to discuss your case, contact our office at 877-446-5294.