Fatal Injury Accident Lawyers 

Car accidents occur practically every hour in Indiana, and sometimes they are genuinely tragic, as the families of the 900 motorists killed in collisions in the Hoosier State in 2022 are well aware.  While there is nothing that you can do to bring back someone you love, you may be able to alleviate the financial burden of a deadly car accident when somebody else is at fault for it. 

However, success isn’t guaranteed in any Indiana fatal injury accident case, especially when you are squaring off against major insurers looking to minimize their exposure, so tip the odds in your favor by getting in touch with the Indiana car accident lawyers at Hensley Legal Group. 

If you want to discover what our firm can do for you, please call us at (317) 472-3333, chat with us online, or fill out our contact form for a complimentary case review with a seasoned Indiana fatal injury accident attorney today. 

Can You File a Wrongful Death Claim?   

The primary legal avenue through which you can garner compensation for the loss of a close relative in an Indiana fatal injury accident is a wrongful death claim.  This is a personal injury case filed on behalf of someone whose death is considered “wrongful,” which is what the State of Indiana calls a death that is “caused by the wrongful act or omission of another.”    

Basically, if other parties are responsible for an Indiana fatal injury accident, then a wrongful death claim might be filed for the decedent against the responsible parties.  Yet the state imposes significant constraints on wrongful death cases that lay out how long claimants have to act, what sorts of damages merit reimbursement, and how much can be tendered for those damages, and the law is very particular about who can file a wrongful death case. 

A single death can impact many people, but only a handful of those people will have grounds to initiate a claim for that death, and who those claimants are will be heavily influenced by the age of the deceased.  

In Indiana, decedents are classified as children when they are: 

• Under the age of 20, unmarried, and without dependents; 

• Under the age of 23, unmarried, without dependents, and enrolled in colleges, trade or technical schools, or comparable training programs; or   

• Fetuses that have attained viability.   

If the victim of an Indiana fatal injury accident meets this definition, the wrongful death claim will have to be filed by the deceased child’s parents.  If those parents are divorced, the parent who had custody of the child must file.  If the parents are themselves deceased or their parental rights have been terminated, the child’s legal guardian or a lawyer whom that individual has retained will have to take the lead on any wrongful death case. 

Alternatively, a decedent who is age 18 or older and does not check off any of the other boxes for child decedents would be classified as an adult, and the executor or personal representative of his or her estate will need to file – generally the deceased’s spouse, adult children, or parents. 

If the above scenarios don’t happen to describe your relationship to a decedent, you might not be able to file a wrongful death claim, though someone else might, so it is vital to consult with an Indiana fatal injury accident attorney who can advise you of your eligibility.   

Other Challenges Posed by Indiana Fatal Injury Accident Cases 

Assuming that you are eligible to proceed with a wrongful death claim, there are other challenges posed by Indiana fatal injury accident cases, among them the restrictions on how much qualified claimants can recover for various damages.   

Depending upon the circumstances, you could be reimbursed for expenses associated with: 

• Medical, hospitalization, funeral, and burial bills 

• Counseling (for parents or minor siblings) 

• Loss of companionship  

• Cessation of economic support 

Nonetheless, the funds available for certain damages may be capped by law, such as a $300,000.00 ceiling on loss of companionship in some situations.  More importantly, your total award can be capped by the insurance coverage and the assets of the defendants, so it is crucial to go after everyone who played a role in a fatal injury accident, which could be more difficult to do than you might think.   

Though some defendants may be fairly obvious, like the driver who hit the deceased, the owner of his or her vehicle (if separate from the driver), or the company making commercial use of that vehicle (if separate from the owner), others may not be as readily apparent.   

For example, a loader could be liable when a fatal injury accident is brought about by excessive or unsecured cargo, as could a mechanic when poor maintenance precipitates a lethal breakdown or the manufacturer, distributor, or retailer of a defective component that hastens that breakdown.  Furthermore, if poor road conditions make a traffic death inevitable, the government body in charge of building and repairing that road and any contractors in its employ might be culpable. 

In some instances, multiple parties could share blame for the same Indiana fatal injury accident, and each of them must be pursued within the time allotted by law, known as the Statute of Limitations.  The Statute is two years for most automotive wrongful death claims in Indiana, though the window could be narrower in claims against the government, along with additional requirements that may have to be satisfied. 

If you neglect to file a lawsuit or otherwise resolve your claim before the Statute expires, you could be forever barred from receiving everything you are owed – the kind of careless oversight that will not take place under the watchful eyes of Hensley’s Indiana fatal injury accident lawyers. 

How Our Indiana Fatal Injury Accident Attorneys Can Help 

The death of someone you cherish is never easy, and the pain can be even sharper in a death as sudden as a traffic accident, which robs you of the opportunity to prepare for that loss, but the Indiana fatal injury accident attorneys at Hensley Legal Group can help. 

If you hire Hensley, we will launch a comprehensive investigation into the accident and everyone who contributed to it, then establish valid claims against them all and potentially file suit as well in a court with the power to issue a binding judgment.  

We will also amass the materials necessary to support your Indiana fatal injury accident claim, stepping in when warranted to safeguard evidence of the defendants’ negligence, such as:  

• Police reports   

• Tickets and dispositions 

• Eyewitness statements   

• Crash scene photos 

• Dash cam, traffic light, and surveillance footage   

• Black box data   

• Phone records   

• Driving histories  

• Vehicle servicing logs  

• Accident reconstruction and forensic analysis 

If proof of wrongdoing exists, our Indiana fatal injury accident lawyers will leave no stone until they unearth it. 

Getting You the Future Your Loved One Would Have Wanted for You 

Once we have put together an airtight case against the defendants, we will enter into negotiations with their insurance companies.  Indiana law might curtail wrongful death damages, but you can count on Hensley Legal Group to fight for the largest settlement possible.   

And if an offer is not extended that is worthy of your case, we are not afraid to go to trial for a verdict that is, unlike some of our competitors, who seldom, if ever, venture into a courtroom.  

We understand that you may be reluctant to agree to more expenditures when you can least afford them, but our firm works on a contingency basis, so you won’t have to pay us anything unless our Indiana fatal injury accident attorneys win your case.  

It can be tough to envision a future in which your loved one isn’t there, but we will always strive to get you the future that your loved one would have wanted for you. 

Reach Out to Our Indiana Fatal Injury Accident Lawyers   

Hensley Legal Group has been staunchly advocating for the hardworking men and women of Indiana since the firm first opened its doors in 1998.  If you are struggling to get back to normal in the aftermath of a fatal injury accident, reach out to our Indiana fatal injury accident lawyers to explore your legal options. 

You can schedule a free consultation with a dedicated Indiana fatal injury accident attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form now.