Fatal accidents can have a number of causes, but the effects are always devastating. When a negligent driver causes a fatal accident, the driver injures not only the deceased victims but also their loved ones. If your loved one has died in an Indiana car accident, you may be overwhelmed with medical and burial expenses along with extreme emotional distress. Speaking with an Indiana personal injury attorney can help you understand your options to help you recover damages resulting from the accident.
Recently, the Associated Press reported that three people sadly died in a fatal Indianapolis, Indiana car accident. The accident occurred as state troopers attempted to pull over a vehicle on suspicion of reckless driving. However, instead of pulling over, the driver fled from the officers and traveled through several city streets as the officers pursued the driver. Roughly five minutes after the officers ended their pursuit, the car sped through a red light and collided with another vehicle. The driver of the second vehicle died at a hospital. Two passengers in the speeding car also died from their injuries. Police arrested the driver, who suffered only minor injuries, on a preliminary charge of resisting law enforcement causing death.
Can You Bring a Lawsuit After an Indiana Fatal Accident?
If your loved one has died in a fatal Indiana accident, you may be able to bring a wrongful death action against the responsible driver. Indiana law provides that a victim’s family can sue the driver for negligence so long as the deceased could have sued them if they had survived the accident. Accordingly, the plaintiffs in an Indiana wrongful death lawsuit must show that the defendant owed the deceased a duty of care, violated that duty due to their reckless behavior, that their recklessness caused the fatal accident, and that the victim died as a consequence.
What Damages Are Available in an Indiana Fatal Accident Lawsuit?
If the plaintiffs prevail in a wrongful death lawsuit, they can recover economic and non-economic damages. Economic damages are easier to quantify and can include medical expenses resulting from the accident, damage to property, and loss of future earnings if the deceased had dependents. Additionally, the victim’s family members can recover non-economic damages, which compensate for losses that are more difficult to quantify. Examples of non-economic damages often include emotional pain and suffering or mental anguish. Additionally, if the victim was married, their spouse may be able to sue for the loss of the victim’s companionship and caretaking assistance.
Do You Need an Indiana Fatal Accident Attorney?
If you have lost a loved one in an Indiana fatal accident, contact Padove Law to discuss your next steps. Indiana personal injury attorney Burton A. Padove understands the hardships people face when their loved one passes away in a car accident. Through Attorney Padove’s skilled and compassionate representation, he will fight for the damages award your family needs and deserves. For a free, no-obligation consultation, call our office at 877-446-5294.