Wrongful Death Lawyer in Richmond, Indiana
Nothing can fill the hole left by losing a loved one. Coping with the death of a family member can be even more challenging when the loss comes through the actions of a careless individual in a Richmond, Indiana, accident.
Although money is no substitute for the love and companionship of a cherished family member, it can at least help your family survive the financial instability that comes with a sudden loss. It can also provide a small measure of justice for the deceased.
At Craig, Kelley & Faultless LLC, the goal of our compassionate legal team is to help you obtain the compensation and justice your family deserves. We understand the financial hardships a family can suffer after losing a loved one. We work with you to help you address your financial losses and build a wrongful death claim that gives you the best chance of recovering the money you need to build a better future.
You may be in a dark place after losing your loved one in an accident. Seek support and legal advice from the sensitive team at Craig, Kelley & Faultless LLC. Contact our Richmond, Indiana, wrongful death lawyers today to set up a free and confidential consultation to learn more about how we can help.
Why You Need Our Law Firm After a Wrongful Death in Richmond, IN
Coping with the death of a loved one is complicated. Grief comes in stages, and the pain of losing a close family member can leave you struggling for quite a long time. Insurers may want to exploit your vulnerability as you deal with your grief and other daily struggles.
It is common for grieving family members to receive settlement offers from at-fault parties’ insurance companies that are far below the fair value of their claim. If you’ve lost a loved one in an accident caused by a careless individual, you need the advice of an experienced Richmond wrongful death attorney.
Our Richmond wrongful death lawyers are ready to review your claim and help you and your family understand your legal rights. With over 26 years of experience, our attorneys are well-versed in Indiana wrongful death law and procedures. We want to help you navigate the often-complicated legal system, giving you the best opportunity to recover the money you need.
Understanding Richmond Wrongful Death Claims
Wrongful death lawsuits are similar to personal injury lawsuits. When a careless individual causes an accident that injures someone, they can be held responsible for compensating the victim for their injuries. Wrongful death cases work in much the same way. However, the victim succumbs to their injuries, and surviving family members must fight to recover compensation on their behalf.
Indiana law defines wrongful death as a death caused by the “wrongful act or omission” of another person or entity. It is a civil lawsuit that is separate from any criminal charges the at-fault party may face.
What Are the Common Causes of Wrongful Death Accidents?
At Craig, Kelley & Faultless LLC, our skilled Richmond wrongful death lawyers have the resources and experience necessary to litigate all types of wrongful death claims. Some of the most common causes of wrongful death accidents that we handle include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip-and-fall accidents
- Bicycle accidents
- Pedestrian accidents
If you’ve lost a loved one due to someone else’s careless actions, contact our legal team today to discuss the unique aspects of your claim. We are ready to review your situation and provide more information about your legal options.
Who Can File a Wrongful Death Case in Richmond, IN?
Indiana law allows only the deceased’s personal representative to file a wrongful death lawsuit on their behalf. Typically, the deceased’s will names the personal representative or executor of the deceased’s estate. If no personal representative is designated in the will, the court can appoint someone.
In Indiana wrongful death claims involving children or minors, one or both parents can generally file a wrongful death lawsuit. If the minor child’s parents are divorced, the parent with legal custody can file the lawsuit.
Who Can Recover Compensation from an Indiana Wrongful Death Claim?
Although only the deceased’s personal representative can file a wrongful death lawsuit, the money recovered in a successful case goes to the deceased person’s estate or surviving beneficiaries like a spouse or children.
What Is My Wrongful Death Case Worth?
Calculating the value of a wrongful death claim can be challenging. How do you put a price on losing a loved one? Average wrongful death settlements vary. At Craig, Kelley & Faultless LLC, we carefully review the specifics of your situation and accurately assess the value of your claim. We understand that numerous factors can influence the value of a case, including the cause of the accident and the cost of medical treatment before death.
Although the value of every wrongful death claim varies, Indiana law allows the personal representative to pursue compensation for the following:
- Funeral expenses
- Burial expenses
- Medical expenses
- Loss of the deceased’s future earnings and benefits
- Loss of the deceased’s love, care, and companionship
How are wrongful death settlements paid out? Once a case settles or a jury awards a verdict in a wrongful death case, the compensation for funeral, burial, and medical expenses is paid to the estate to pay those expenses. The remainder is distributed to the deceased individual’s beneficiaries.
What Is the Statute of Limitations for Wrongful Death Claims in Richmond, IN?
There is a wrongful death statute of limitations in Indiana that sets how much time you have to file a lawsuit after a death. The law says you have only two years from the date of death to file a wrongful death lawsuit. Filing a case after the deadline expires generally results in the case’s dismissal without a hearing.
How Our Attorneys Can Help Maximize an Indiana Wrongful Death Settlement
At Craig, Kelley & Faultless LLC, our experienced Richmond wrongful death attorneys want to help you maximize your wrongful death settlement. We’ll work aggressively to investigate the cause of the accident and collect and preserve evidence to build a compelling claim. We’ll answer your questions and provide support every step of the way.
Frequently Asked Questions
What constitutes a wrongful death?
A wrongful death occurs when someone dies because of someone else’s negligence, negligent act of omission, or wrongful action. It’s a preventable death, one that would never have happened but for the other party’s actions. Indiana law defines a wrongful death as one in which the deceased, if they had survived, would have had grounds to file a personal injury claim for damages against the at-fault party.
Who can file a wrongful death lawsuit in Indiana?
The wrongful death claim must be filed by the deceased’s personal representative. The personal representative may be the executor of the deceased’s will or, absent a will, the court-appointed representative of the estate.
What damages can be claimed in an Indiana wrongful death case?
Damages in a wrongful death lawsuit include any medical care the deceased needed after the accident before they passed, hospital fees, burial and funeral expenses, and anticipated lost earnings and benefits. The lawsuit could also seek compensation for the loss of love and companionship the death causes the surviving family.
How is liability determined in a wrongful death case?
Liability in wrongful death suits requires proof that the at-fault party caused the accident that resulted in the death. That means establishing the at-fault party had a duty of care to the deceased, fell short of that duty of care, and caused the incident leading to the deceased’s death.
What is Indiana’s statute of limitations for filing a wrongful death lawsuit?
The statute of limitations sets a two-year deadline for bringing a wrongful death suit against the at-fault party. If the deceased’s personal representative fails to initiate the legal process before the statute of limitations expires, a judge will almost certainly dismiss a later filed case.
How does the wrongful death claims process work?
The estate’s representative, often representing the family of the deceased, contacts a wrongful death attorney to initiate the claim. Once hired, the attorney can investigate the incident that caused the death and gather evidence of the wrongdoing that caused it. The evidence could include safety records of the establishment where the accident happened, driving records or a police report if the deceased was killed in a collision, witness statements, and photos or video of the fatal accident, for example.
Once the lawyer has a solid case for negligence, they may send a demand letter to the at-fault party or their insurer to demand appropriate compensation, or they could file a lawsuit. Many wrongful death cases are settled out of court through negotiations, mediation, or arbitration. The lawyer may represent the estate in these negotiations. Some cases go to trial, and so the wrongful death lawyer would litigate the claim in Indiana civil court.
Do I need a wrongful death attorney, and how do I choose one?
You are not required to have a wrongful death attorney to file a claim or lawsuit, but a lawyer can streamline the process and help you avoid pitfalls that could jeopardize your case. A lawyer also has resources you do not have, such as access to expert witnesses who could bolster your case and draw links between the accident and your loved one’s death.
Look for a lawyer with experience in wrongful death cases. Wrongful death cases may involve estimating the future lost earnings of the deceased, which can be complicated. The attorney you choose should also have trial experience and a track record of success with wrongful death claims.
Contact Craig, Kelley & Faultless LLC Today for a Free Consultation
Are you ready to learn more about your legal rights for seeking compensation after a loved one died due to someone else’s wrongdoing? Contact Craig, Kelley & Faultless LLC today to arrange a free consultation with a Richmond wrongful death lawyer.