Steps to Take in a Wrongful Death Case in Indiana

Wrongful death is a type of personal injury resulting from the negligence of another. For example, suppose one of your family members got killed in an accident that was someone else’s fault. In that case, you could be entitled to compensation for medical expenses, burial costs, lost wages, etc.

However, experts agree you should not start the legal process alone. Instead, get advice from an Indianapolis wrongful death attorney. They can help you sort out the details of your case and let you know what to expect throughout the process. They can also negotiate on your behalf and tell you anything that could strengthen or jeopardize your lawsuit.

Some wrongful death cases may seem easy at first, but they can claim a lot of time, effort, money, and knowledge to make things work in your favor. The purpose of an attorney is to provide you with information and help with your legal rights, sparing you the dreadfulness of managing your loss and a lawsuit simultaneously. 

5 Steps to Take in a Wrongful Death Case in Indiana

Now, let’s see a few tips on how to go through filing a wrongful death claim in Indiana.

1. Contact Your Attorney to Analyze Your Case

First, you must contact your wrongful death lawyer as soon as possible. They will have information on filing a wrongful death claim in Indiana and where to go after that. Your attorney will explain who can and should file the claim, manage the paperwork, and calculate how much money to ask from the at-fault party. Your attorney will explain who can file the wrongful death claim, what damages you should expect depending on the situation, and how to deal with some of the damage caps the state’s courts impose. 

2. Prepare Your Case

You must prepare your wrongful death claim with the utmost care. As seen above, you must contact your claims representative as soon as possible. However, this does not mean you should wait, as the statute of limitations is short, and you already have a lot of things on your plate. You must gather all the documentation you need to include in your claim, including paperwork related to the incident (police report, medical records, autopsy results, witnesses’ contact details, etc.) Your attorney will have a great starting point to investigate further, talk to experts, depose witnesses, manage discovery, and so on. 

3. File Your Case

After completing the above steps and gathering all the documentation you need for your claim, you will want to file your case. You should file your claim with the Indiana Civil Courts within two years from the incident. The law firm you hire will manage all aspects regarding filing. 

4. Settlement Negotiations

After filing your wrongful death claim, you must take the necessary steps to win. In most wrongful death cases, it means letting your attorney do their job as they know best. The negotiations might not take too long if you have a strong case. In complex cases, such as medical malpractice, defective products, or multi-vehicle collisions. In Indiana, the modified comparative fault system may work for or against you, so it is best to rely on your attorney to build the case and argue it.  

5. Receive Your Compensation

After taking all these steps, it will be time for you to receive your rightful compensation if your attorney manages to build an open-and-shut case against the opposition. If your case gets compensation approval, you will receive your payment in a lump sum or a monthly check.

Final Thoughts

Most people have no idea where to start when it’s time to get the claim for compensation for their family member’s wrongful death. If you are one of these people, you should consider contacting an attorney to start the procedure. A wrongful death attorney in Indiana will help you sort through the specifics of your situation and give essential advice.

The quickest way to learn how to submit a wrongful death claim is to get in touch with your claims representative as soon as possible.

 

Author:

Michael Hawkins

When it comes to educating the public on legal matters, few people are as determined as Michael Hawkins. From discovering issues of interest that concern all of us to offering actionable articles and guides to those in need, Michael is relentless in his journey of helping people make sense of the legal system. With dozens of pieces published in magazines, news outlets, and online journals, Michael is here to translate legalese into plain English so you can understand your rights and make the system work in your benefit.