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When someone is killed due to another person’s intentional or negligent behavior, the victim’s estate may recover compensation by filing a wrongful death case. There are several potential causes of wrongful deaths. For instance, such deaths often result from motor vehicle crashes, workplace accidents, and medical malpractice.
A wide range of damages can be compensated after a wrongful death. However, at-fault parties will often attempt to dispute victims’ claims. Accordingly, having experienced legal representation is very important to maximizing the amount of payment available in your case.
In the aftermath of your loved one’s fatal accident in Fishers, IN, seek guidance from our experienced wrongful death attorneys at Wruck Paupore by dialing (219) 322-1166.
The time window for filing a wrongful death case in Indiana is governed by I.C. § 34-11-2-4. Usually, claims must be brought within two years of the victim’s death. If you fail to comply with this deadline, you may miss their chance to recover damages.
Also, several other conditions must be satisfied when bringing your wrongful death claim. For example, the correct party must bring the case, which usually involves opening an estate on behalf of the victim, which takes time. Further, the case must be filed in the correct jurisdiction, and all named defendants must be served. Fortunately, our wrongful death lawyers can make sure all the of requirements for filing your case are met.
After a wrongful death, damages may be awarded to several of the victims’ family members. However, the case must be brought by a specific party.
In Indiana, a wrongful death case involving an adult victim must be filed by the victim’s personal representative. The personal representative is the person appointed to administer their estate.
Sometimes this person is named in the victim’s will or estate plan. However, if a representative was not chosen, then one may be appointed by the probate court. For someone to serve as a personal representative in Indiana, they must be at least 21 years of age and be of sound mind, and the probate court will determine who is the best representative in the event of a dispute.
Alternatively, the victim's parents must file a wrongful death case involving a child victim. If the victim’s parents have divorced, then the case should be filed by the parent who has custody of the deceased. If both parents have died or their parental rights have been taken away, then the claim should be brought by the victim’s legal guardian.
In order to recover payment for wrongful death, you may need to prove that the death occurred due to another party’s negligence. The following are all common forms of evidence used to prove fault for wrongful deaths in Fishers, IN:
Photos from the scene of an accident can be very helpful when seeking to establish fault for wrongful death. In some cases, photos from the scenes of accidents are used to identify contributing factors. For example, photos of debris that accumulated on the floor of a construction site may be used to prove fault for a deadly slip and fall. Further, photos of a crushed car may be presented to show that a driver was speeding when they caused a fatal crash.
Furthermore, photos from the scene of an accident may be used to disprove another party’s alternative theory of fault. For example, a driver may assert that a deadly collision happened because of poor road conditions, as opposed to their negligence. In that case, the victim’s family could disprove the alternative theory by presenting photos from the crash scene that depict adequate road conditions.
Witness statements are another valuable type of evidence used to prove fault for wrongful deaths. Witnesses can provide written and oral testimony explaining how and why deadly accidents happened. For example, a witness may state that a deadly truck accident occurred because of a tire blowout. Further, witness statements may help establish that a deadly construction accident happened because a worker was equipped with defective tools.
Like witness statements, surveillance footage is a type of evidence that can be used to explain the events that unfolded before, during, and after accidents. However, parties in control of relevant surveillance footage may not store recordings for very long. Further, they may be reluctant to cooperate with victims’ families. Therefore, support from our legal team can be very helpful when seeking such evidence in your case.
Finally, expert witness statements may be used to prove fault for wrongful death. Witnesses are considered experts if they have completed the requisite education, training, and experience in their respective fields. They are often called on to explain complex theories of fault. For example, an accident reconstruction expert may be summoned to explain which driver is at fault for a multi-car crash that occurred on the highway.
If you file a wrongful death case against another party, then that party may attempt to entice a settlement agreement. When you accept the other party’s settlement offer, you will be awarded a specific sum of damages in exchange for the voluntary dismissal of your claim. There are potential advantages to reaching a settlement agreement. For instance, those who settle early may acquire payment sooner.
Unfortunately, at-fault parties and their insurance companies regularly attempt to settle wrongful death claims cheaply and quickly. Likely, the initial settlement offer you are presented with will not reflect the true value of your case. Accordingly, guidance from competent legal representation can be very helpful when evaluating any offers made in your case.
Get support from our experienced wrongful death attorneys by calling Wruck Paupore today at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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Wruck Paupore P.C.
Injury Lawyers
275 Joliet St. Suite #250
Dyer, IN 46311
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