What do you do if your loved one dies in a car crash?

| May 27, 2021 | Personal Injury |

No one wants to hear that someone they love has been taken from them too soon. If you received a phone call that someone you love was killed in a car crash, then you may be in a difficult position. You’re mourning their loss and also dealing with a funeral and financial losses.

This is a difficult time for families like yours. This is why it’s important to talk to your attorney about starting a wrongful death claim, so that you can get the financial support that you’ll need moving forward.

Can you file a claim if your loved one dies in a car crash?

Normally, it is the personal representative of the estate who files the claim. However, others can also make a claim. The spouse of the person, a child or a parent may file a wrongful death claim in Indiana.

What kinds of damages can you expect after a wrongful death claim?

If you win your case, some of the damages that may be awarded include:

  • Burial and funeral expenses
  • Hospital expenses
  • Medical expenses
  • Lost future earning capacity
  • Legal fees
  • Past lost earnings

Indiana is special in that it doesn’t always allow for pain and suffering damages. It also has a damage limit, also known as a recovery cap, which is set at $300,000 for unmarried individuals. This cap may have a significant impact on your case, depending on the person’s medical costs, lost wages and other financial impacts.

How long do you have to make a wrongful death claim if you want to do so?

If you decide that you do want to make a wrongful death claim, then you usually have up to two years from the time of death.

Following the crash, it’s a good idea to get in touch with an attorney. They can help you put together a wrongful death claim against the at-fault party. Even if you haven’t lost someone yet but they are expected to pass, talking to an attorney may help you start the claims process sooner, so that your family gets the financial support needs.