A wrongful death is when a person loses their life as a result of an accident that was no fault of their own. Some of the most common wrongful death accidents include drunk driving collisions, pedestrian hit and runs, construction site falls, trucking collisions and medical malpractice. Wrongful death lawsuits are quite complex, just like any other personal injury case. A key stipulation, however, is that a plaintiff party must be able to prove two very specific facts in order to successfully win their lawsuit.
If you have recently lost a loved one to a negligent accident, it is vital to contact a licensed personal injury law firm that specializes in wrongful death cases for the best chance at recovering the full and fair compensation you and your family deserves. In the meantime, it is wise to learn as much as you can about wrongful death claims and what you can expect from the legal process. Start by learning the two factors that must be proved in court to win a wrongful death lawsuit.
Wrongful Death Claims
After a person dies from an accident that was caused by someone else’s negligence, it is usually the representative of the victim’s estate who reaches out to a law firm to make a wrongful death claim on behalf of the victim’s surviving family. This can be a wife, husband, mother, father, sister, brother, legal guardian, or other close family member. The suit is made against the wrongdoer, company or person who is responsible for the accident. This could be an individual person, a group of people, an organization, an employer, a company, a corporation, or other type of entity.
In a negligence lawsuit, the plaintiff party carries the burden of proving their case. In order to do so, they must provide evidence to establish that the opposing party had a duty of care, breached that duty of care, and as a result, caused an accident that led to losses and damages of the victim and their surviving family. To win a wrongful death lawsuit, the plaintiff party must specifically provide evidence of these two factors:
1) The accident was caused by the opposing party, and not the victim themselves. It is important to note that in Indiana, in a comparative fault case, the Estate can recover as long as the victim was not more than 50% at fault.
2) The victim’s death caused damages and losses for the surviving family.
Read our blog, “The Fundamentals of a Negligence Lawsuit” to learn more about the 4 main elements of a negligence lawsuit.
Wrongful Death Recovery
Wrongful death lawsuits are meant to recover compensation to alleviate the damages and losses suffered by the surviving family. Such losses include the victim’s lost wages, inheritance, love and companionship, and funeral costs. Although recovering compensation for these losses will not fully relieve the family of the pain and loss they feel, it will relieve the financial burden of their loss, which helps make life less stressful during a time of deep grieving and can help pay for future costs associated with taking care of children and providing for the surviving spouse.
Talk to a Wrongful Death Lawyer for Trusted Advice
Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a wrongful death claim in Indianapolis, Indiana or anywhere else throughout Indiana. Our licensed attorneys are ready, willing and able to help you recover the full and fair compensation you deserve after losing a loved one in an accident caused by another party. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free consultation, today.