Wrongful Death Lawsuit After Motorcycle Crash in Indiana
The death of a loved one in a fatal motorcycle accident is a tragedy that no family should have to endure. Sadly, in the state of Indiana, hundreds of motorcycle fatalities happen every year. When one of these fatalities occurs because of negligence, reckless behavior, or wrongful act by another party, the surviving family members are entitled to file a wrongful death lawsuit to recover economic and non-economic damages.
At Doehrman Buba Ring, our motorcycle accident attorneys help family members seek fair compensation through wrongful death claims. We approach each case with compassion for those grieving their loss, and a dedication to serving justice to those who are at fault due to a wrongful act. Call our offices right away to schedule a free consultation.
What Does it Mean to Have a Wrongful Death Claim after a Fatal Motorcycle Accident?
A wrongful death claim after a fatal motorcycle accident is a legal action taken by the deceased’s family or estate to recover compensation for their losses. These claims aim to address both the tangible and intangible damages caused by the unexpected death of a loved one.
Tangible losses might include medical bills incurred before death, funeral and burial expenses, and the loss of the deceased’s financial contributions to the household. On the other hand, intangible damages focus on the emotional toll, such as the loss of companionship, love, and guidance provided by the deceased.
Important Things to Know Before You File a Wrongful Death Lawsuit
Indiana’s wrongful death law provides a legal pathway for surviving family members to seek justice and compensation when a loved one dies due to another party’s negligence or misconduct. The law outlines who can seek compensation, how long they have to file wrongful death action, what kind of compensation they can seek, and other guidelines.
Who Can File a Wrongful Death Case?
Under Indiana law, the party eligible to file a wrongful death case depends on the circumstances of the deceased individual’s life. If the victim was an adult without dependents, the personal representative of the deceased’s estate is responsible for filing the claim.
For adults with dependents, the surviving spouse, children, or other dependent next of kin are considered personal representatives who may file the case. If the deceased is a minor, the parents or legal guardians have the right to pursue the wrongful death action.
What is the Statute of Limitations on a Wrongful Death Suit in Indiana?
It is important to note that Indiana law imposes strict time limits, known as statutes of limitations, for filing wrongful death claims. Acting swiftly and consulting with experienced legal representation is crucial to ensure you protect your rights and secure the compensation you deserve. The law’s goal is clear and results-oriented: to hold negligent parties accountable and to provide families the financial stability needed to move forward.
What Damages Can Be Claimed in a Wrongful Death Lawsuit?
Indiana’s wrongful death law is designed to account for both the financial and emotional losses suffered by the family. Personal representatives of the deceased person’s estate may seek to recover compensation for economic and non-economic damages.
Economic Damages
Economic damages include losses that can be easily quantified, such as medical bills and funeral and burial costs. It may also cover the lost income and earning potential of the deceased.
Non-Economic Damages
Non-economic damages compensate for the intangible losses suffered by the family of the deceased person, such as pain and suffering, loss of companionship, and emotional distress.
Who May Be the At Fault Party for a Fatal Motorcycle Accident?
Determining Fault in a Fatal Motorcycle Accident
Establishing fault in a fatal motorcycle accident is a critical step in pursuing a wrongful death claim. Fault is typically based on negligence, which involves proving that another party failed to act with reasonable care, directly resulting in the accident and the victim’s death. Various parties may potentially bear responsibility for a motorcycle accident, depending on the facts of the case.
Negligent Drivers
The most common party at fault in motorcycle accidents is other motorists. Negligent behaviors such as speeding, distracted driving, driving under the influence, failure to yield, or violating traffic laws can lead to fatal collisions.
Government Entities
Poorly maintained roads, missing traffic signs, or dangerous road conditions can also play a role in fatal motorcycle accidents. When government entities responsible for maintaining safe roadways fail in their duties, they may be held liable. Cases involving government agencies can be more complex due to additional legal requirements, including strict notice and filing deadlines.
Motorcycle Manufacturers
At times, a fatal motorcycle accident may be caused by a defective part, such as faulty brakes, tires, or steering mechanisms. When a manufacturing defect or design flaw contributes to an accident, the motorcycle or parts manufacturer may be held responsible under product liability laws.
Other Third Parties
Depending on the circumstances, other parties might share liability for the accident. For instance, a commercial vehicle company could be held responsible if one of their drivers caused the collision while on duty. Similarly, a bar or restaurant may share fault under Indiana’s dram shop laws if they overserved alcohol to a visibly intoxicated driver who later caused the crash.
What Evidence is Needed to File a Wrongful Death Claim in Indiana?
To file a wrongful death claim, gathering substantial evidence is critical to proving fault, negligence, and the extent of the losses suffered. The right evidence not only supports your case but also plays a pivotal role in securing the compensation your family deserves. Below are key categories of evidence often required in wrongful death cases:
Police Reports
Police reports provide a detailed and unbiased account of the accident or incident that resulted in your loved one’s death.
Witness Testimonies
Eyewitness accounts can serve as compelling evidence in a wrongful death claim. Statements from individuals who saw the accident or have relevant knowledge of the circumstances provide an unbiased perspective, bolstering your case. Witness testimonies can also help clarify how negligence played a role in causing the fatality.
Medical Records
Medical records are an essential component in wrongful death cases, as they document the injuries sustained and the medical treatment provided before your loved one’s passing.
Photographic and Video Evidence
Photos and videos from the accident scene, security cameras, or even smartphone footage can vividly capture the event and the conditions that led to it.
Expert Testimony
Expert witnesses, such as accident reconstruction specialists, forensic experts, or medical professionals, can provide specialized insights that strengthen your case. Their analysis can help explain complex details, such as how negligence caused the accident or the economic impact of the victim’s death.
Financial Documentation
To claim economic damages, financial documentation is necessary to establish the monetary losses resulting from the wrongful death. Pay stubs, tax records, and employment contracts can demonstrate the deceased person’s earning potential. Receipts and invoices are also needed for out-of-pocket expenses like medical expenses, funeral and burial services, and more.
Communication Records
If applicable, emails, text messages, or other communication records may show evidence of negligence or reckless behavior leading up to the fatal event.
By collecting and presenting this evidence with the guidance of determined legal professionals, you can build a compelling wrongful death claim that holds all negligent parties accountable. When these elements are meticulously prepared and presented, they provide a solid foundation for pursuing justice and achieving the best outcome for your family.
What Will a Wrongful Death Attorney Do for Me in a Motorcycle Accident Claim?
A wrongful death attorney plays a vital role in navigating the complex legal process following a fatal motorcycle accident. Their expertise ensures that your family’s rights are protected and that every step is taken to maximize the compensation you are entitled to. Here are the key ways an experienced attorney can assist you:
Conducting a Thorough Investigation
One of the first steps a skilled attorney will take is to conduct a comprehensive investigation into the accident. This includes examining all available evidence, hiring expert witnesses, and reconstructing the events leading up to the crash. By uncovering every detail, your attorney can identify all liable parties and establish a clear chain of negligence that caused the fatality.
Handling Legal Deadlines and Paperwork
Filing a motorcycle wrongful death claim involves strict deadlines and complex paperwork, all of which your attorney will manage on your behalf. Missing critical deadlines, such as Indiana’s statute of limitations for wrongful death cases, can jeopardize your claim entirely. An attorney ensures that all documents are accurate, complete, and submitted on time.
Negotiating with Insurance Companies
Insurance companies often attempt to minimize payouts, even in cases of wrongful death. A personal injury attorney will take on these negotiations, using their knowledge of the law and your family’s losses to strongly advocate for a fair settlement. They won’t back down from pressure tactics or lowball offers, ensuring that you receive the full compensation your family deserves.
Representing You in Court
If a fair settlement cannot be reached, an experienced attorney is fully prepared to take your wrongful death claim to court. They will present a compelling argument, backed by evidence, to demonstrate the negligence of the liable parties. With their courtroom experience, your attorney will fight tirelessly to secure a favorable verdict for your family.
Providing Compassionate Guidance
Beyond the legal aspects, a wrongful death attorney also provides compassionate support during one of the most challenging times in your life. They will guide you through the process, answering your questions and addressing your concerns with empathy so that you can focus on grieving and healing.
The lawyers at Doehrman Buba Ring are ready to take your wrongful death or personal injury claim. Everything starts with a free consultation to discuss the facts of the fatal accident, how the loss of the deceased person has impacted your family, and what the process will look like moving forward. Clients do not pay any legal fees until we successfully recover damages from the responsible party. Time is of the essence so call right away.
