Fatal car accidents harm the accident victim and the victim’s entire family. When a person dies in a fatal car accident, their family may seek to hold the responsible driver accountable through a personal injury lawsuit. While no amount of money can bring your loved one back, a personal injury lawsuit can provide your family closure and ease your financial burden. If you have lost a loved one in a fatal Indiana accident, speaking with an Indiana personal injury attorney can help you understand your options.
For example, a recent news report explains that one person was killed and two people suffered injuries in an Indiana highway crash. The accident occurred on eastbound I-80/94 in Lake County between two semi-trucks and an SUV. The SUV was traveling behind the first semi-truck when both vehicles began to slow down. Then, a second semi-truck rear-ended the SUV, pushing it underneath the first semi-truck’s trailer. Sadly, one SUV passenger died at the scene. Two other people suffered life-threatening injuries.
What Damages Are Available for an Indiana Fatal Accident?
In Indiana, you can recover damages for the loss of a loved one through a wrongful death lawsuit. The deceased’s personal representative must file the lawsuit, but their family will receive the ultimate damages award. In a wrongful death lawsuit, you can seek damages for reasonable medical, hospital, funeral and burial expenses. If you were a dependent of the deceased, you can also recover lost future earnings. Unlike economic damages such as medical bills, a court will determine damages for the loss of companionship based on the extent of each survivor’s harm. Under Indiana law, damages for the loss of the deceased’s love and companionship may not exceed $300,000. Finally, you can recover the reasonable attorney’s fees you incurred by filing the lawsuit.
Can Accident Victims Recover Damages If They Were at Fault?
In Indiana, accident victims cannot recover damages if they were over 50% at fault for an accident. If they were 50% or less at fault, they can still recover damages against a responsible driver. However, the court will reduce the at-fault accident victim’s damages award based on the victim’s proportion of fault. For example, if you were 10% at fault for an accident and received $100,000 in damages, your damages award would be reduced by 10% to $90,000. This rule also applies in wrongful death lawsuits. If a deceased accident victim was more than 50% at fault, the estate cannot recover damages. If the deceased was 50% or less at fault, the estate can still recover damages, but they will be reduced in proportion to the deceased victim’s degree of responsibility for the accident.
Do You Need an Indiana Fatal Accident Attorney?
If you have lost a loved one in an Indiana car accident, you may have a legal claim for damages. To learn more, contact Padove Law today for immediate assistance. Indiana personal injury attorney Burton A. Padove understands the complex laws that govern Indiana personal injury and wrongful death lawsuits. Attorney Padove will guide you through every step of the lawsuit process and fight to recover the compensation that your family deserves. For a free, no-obligation consultation, call 219-836-2200.