When a loved one dies due to the negligence of another, it can be devastating for the family. In such cases, families may pursue legal action to seek justice and compensation through a wrongful death lawsuit. If successful, these lawsuits can result in a damages award that can help to compensate surviving family members for their losses. But how do you know if your case is eligible for filing a wrongful death lawsuit?

This blog post will look at some of the key factors involved when uncovering negligence in a wrongful death case so that you can begin exploring potential options with confidence.

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Hiring a Wrongful Death Lawyer

The first step in the claim process is to obtain experienced legal representation from an experienced wrongful death lawyer who understands how to document negligence in these types of cases. An attorney will be able to review the circumstances surrounding your loved one’s passing and assess whether there are grounds upon which you could file a claim successfully.

Proving Negligence in a Wrongful Death Case

To prove negligence in a wrongful death case, you must demonstrate that the person or entity responsible for causing your loved one’s passing failed to use reasonable care. This may include demonstrating that the liable party failed to exercise proper caution when operating their vehicle, failed to maintain a safe premises, or neglected to properly warn of potential hazards. In addition, if the negligent action was intentional – such as an assault – you must be able to show proof of this behavior.

An experienced wrongful death lawyer will also be able to examine various sources of evidence to uncover negligence. These sources could include medical records, police reports, eyewitness accounts and photographs taken at the scene of the accident or incident. With all this evidence in hand, your attorney will be able to show that the responsible party was negligent and therefore should be held liable for wrongful death damages.

Obtaining a Wrongful Death Settlement

Finally, it’s important to remember that a wrongful death lawsuit can provide financial compensation for survivors such as medical expenses, lost wages, loss of love, care and affection and punitive damages. Punitive damages are designed to punish wrongdoers and send a clear message that such behavior is unacceptable. If you believe that you have grounds for filing a wrongful death lawsuit, contact an experienced lawyer who can help you prove negligence so that you can seek justice for your family’s loss.

Conclusion

By exploring these factors in depth with an experienced wrongful death lawyer, families will gain the understanding and confidence they need to pursue a wrongful death case in court. With this knowledge, families can begin the process of seeking justice for their loved one’s untimely passing.

It is important for surviving family members to remember that filing a wrongful death lawsuit can be complex and emotionally taxing. It is essential that you consult with a knowledgeable attorney who has experience in proving negligence in these types of cases. With an experienced legal team on your side, you will be better equipped to seek justice for your loved one’s untimely passing and obtain financial compensation from the insurance carrier of those responsible. No amount of money can replace the loss of a loved one, but holding negligent parties accountable may help bring about some closure for the family during what can be a difficult time.

If you believe that your loved one’s untimely passing was caused by the negligence of another, it is important to act quickly in order to ensure that you preserve your rights and receive full and fair compensation. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned wrongful death lawyer in Indianapolis, Indiana. We offer a no-cost, zero risk solution to our clients by working on contingency-fee agreements. This means you will not pay us unless we are able to win an award or obtain a settlement for you.

Authority to File a Wrongful Death Claim

In Indiana, and most other states, only immediate family members can file wrongful death claims. This includes parents, legal guardians, husbands, wives, daughters, and sons. It can also be anyone who was legally dependent on, or a beneficiary of, the deceased. If it is proven that a loved one was a victim of a wrongful death, these kinds of parties would be the ones entitled to filing the claim and receiving monetary compensation through a settlement or trial.

Wrongful Death Case Criteria

Not all accidental deaths qualify as a wrongful death under the eyes of the law. In order for a wrongful death claim to move forward, certain facts must be true and proven. Some basic elements that should be in place for all wrongful death claims are:

➤ A person died.
➤ A person died as a result of another’s negligence or intent.
➤ The deceased has immediate family or other dependents who will suffer financially as a result of their loss.
➤ A private estate representative should be appointed by the family and can be a family member.

Compensation for Wrongful Death Victims

Courts use certain criteria to determine the total damages a family will be awarded in a wrongful death claim. Such factors typically include the amount of money earned by the deceased, the loss of companionship experienced by the family members (namely spouses and parents of young children), the degree of dependency the surviving family members or others had on the deceased, incurred expenses paid by the surviving family members as a result of the wrongful death, and much more.

Top-Rated Wrongful Death Lawyers in Central Indiana

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you have recently lost a loved one in a wrongful death accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for the wrongful death of your loved one, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your wrongful death lawsuit or claim.

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Uncovering Negligence in a Wrongful Death Case