Facts About Wrongful Death Statutes in Indiana

Years ago, there was no legal recourse for those who lost a loved one in a wrongful accident. Back then, when a personal injury victim died, the right to claim damages for any resulting losses suffered by the family was lost as well. Widows, children, dependents, and next of kin were finally given justice in such cases when Indiana passed its first Wrongful Death Statute. Since passing the Indiana Wrongful Death Statute, two more relevant statutes have been passed that give wrongful death survivors additional rights to a personal injury settlement, the Indiana Adult Wrongful Death Act and Indiana Child Wrongful Death Act.

Continue reading to learn facts about all three Wrongful Death Statutes in Indiana, plus how to verify your rights to pursuing a claim after the loss of a loved one.

Wrongful Death Litigator Indianapolis Indiana 317-881-2700
Wrongful Death Litigator Indianapolis Indiana 317-881-2700

Indiana Wrongful Death Claims

If a person or business is negligent in a way that directly causes another person’s death, it is considered a wrongful death accident. Wrongful death accidents are caused by many types of negligence, such as recklessness, inaction, product or manufacturing defects, medical malpractice and even intentional torts like assault. When a person loses a loved one in a wrongful death accident, certain persons have a right to bring about a negligence suit for the purpose of obtaining compensation for their damages and losses. Although it varies from state to state, here in Indiana, the law specifically defines eligible wrongful death claimants to be spouses, children, and dependents.

Examples of damages and losses suffered by those who have lost a loved one to a wrongful death accident generally include pre-death hospital bills and medical expenses, funeral and burial costs, loss of financial support, loss of future earnings, loss of employment benefits, loss of consortium, loss of emotional support or care, and similar expected economic losses.

Wrongful Death Statutes of Indiana:

The Indiana Wrongful Death Statute

Indiana Code § 34-23-1 is the basic wrongful death statute of Indiana. Under this act, a “personal representative of the estate” is the party permitted to file a wrongful death lawsuit. Such representatives include spouses, children, and dependents. Additionally, there is an established statute of limitations for filing a wrongful death suit that gives claimants two years from the date of the accident that resulted in the loss of their loved one. A unique element of the Indiana Wrongful Death Statute is that there is no cap on damages. A judge or jury can award whatever settlement they deem fit without limitations.

The Indiana Adult Wrongful Death Act

This wrongful death statute is reserved for adults, which the state defines as anyone over the age of 20, or anyone over the age of 23 but still in college, and who is also unmarried and has no dependents. Under this statute, a personal representative must also be the one to file suit, and they have two years from the date of the accident that caused the death to do so. In contrast to the general wrongful death statute of Indiana, the Indiana Adult Wrongful Death Act sets a maximum recovery cap of $300,000.00 on such cases. Additionally, there are some damages that are excluded, such as lost earnings, pain and suffering, mental anguish, and punitive damages. The judge and jury also specify how much each person gets in damages if the lawsuit involves more than one child or parent.

The Indiana Child Wrongful Death Act

Indiana Code § 34-23-2-1 wrongful death act is reserved for children who have lost their lives to a negligent accident caused by another. The state defines a child as someone not married and without dependents, plus younger than 20; or younger than 23 and enrolled in a post-secondary educational institution; or younger than 23 and attending a career and technical educational program. Parents and guardians are permitted to file a wrongful death lawsuit under this statute, and they have 2 years to do so from the date of the accident. As for damage caps, the limit is not set by a monetary amount, but rather, how long the child had before they crossed over into adulthood. There are also limitation to the types of damages that can be awarded in child wrongful death cases.

Have you recently lost a loved one to a wrongful death accident in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis IN wrongful death attorney you can trust. Wrongful death cases are complicated so you should obtain representation immediately. We represent clients throughout the State of Indiana.

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What to Do if Your Child Was Injured Because Another Adult Was Negligent

Children are on a continuous learning curve, as they have new and curious experiences every day. For this reason, children of all ages require adequate supervision at all times; this is especially critical in younger stages of life when kids are at a much higher risk of being injured in accidents. When such injuries and accidents occur as a result of an adult’s negligence, it could very well be considered grounds for a negligent supervision claim under tort law.

If your child was recently injured because another adult was negligent, reckless, or otherwise careless, continue reading to learn your rights for pursuing legal action against them for the sake of recovering from the at-fault party’s insurance carrier the full and fair compensation they deserve for their damages and losses.

Indianapolis IN Child Injury Attorneys 317-881-2700
Indianapolis IN Child Injury Attorneys 317-881-2700

Negligent Supervision and Child Injury Claims

It is impossible for parents to be with their children all hours of the day, every single day, 365 days a year. For the sake of having a career and a social life, parents commonly entrust their children to the care of babysitters, daycare providers, schools, family and relatives, and similar sources of childcare. So, when accidents happen to children while in the custody of an entrusted caregiver, the question of negligence is a common occurrence; especially when a child’s injuries lead to significant damages and losses in the child’s and family’s life, including hospital bills, medical expenses, pain and suffering, lost wages for missing work, and much more.

Inadequately or not providing supervision for a child that is ultimately injured in their care places a person at fault in a negligent supervision lawsuit. Caregivers, whether professional or non-professional, take on a legal duty of care when they accept responsibility for watching a child. They must uphold this duty of care by ensuring that the child is safe and protected from any foreseeable hazards in their surrounding environment.

An example of negligent supervision would be if a child drowns in a swimming pool while being babysat. Another example of negligent supervision would be if a child suffocates from swallowing a toy at daycare. Both of these instances hypothetically occur because the child wasn’t being properly monitored and supervised while in the care of a sitter or daycare employee. In any case of negligent supervision, a caregiver breaches their duty of reasonable care for a child, thus resulting in a child sustaining serious injuries or even dying.

Most Common Types of Child Injury Cases:

▷ Swimming Pool/Drowning Accidents
▷ Falls From Heights
▷ Defective Toy/Playground Accidents
▷ Dog Bites/Attacks
▷ Household Poisoning Incidents
▷ Firearm/Gun Incident

Indiana Child Accident Lawyers

If your child was injured while in the care of another adult, and it occurred because that adult was careless or reckless in some way or another, it is important that you contact in Indiana Child accident lawyer right away. There is a statute of limitations that restricts how long you have to file a claim against an at fault party in order to recover compensation for your damages and losses. Aside from the statutes of limitations for your personal injury claim, it is important to speak with a lawyer as soon as possible before evidence is lost for the case.

Not sure which personal injury law firm to trust with your child injury claim? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with an expert child injury accident attorney in Indianapolis, Indiana.  We represent the families of injured children, the child, and the families of children who are deceased as a result of the negligence of another throughout the state of Indiana and Indiana residents who are injured in other states.

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Where to Find Legal Guidance for Your Child’s Injury Claim in Indiana

Naturally, when we hear our child has been seriously injured in an accident, we fear the worst and hope for the best. No one wants to discover that their kids have been involved in an accident at any level, nonetheless a serious one. To make matters worse, many children are injured as a result of another person or entity’s negligence and lack of care here in the Hoosier state. When this happens, we want details and justice all at the same time. In this case, it is wise to consider making a personal injury claim to recover the compensation your child deserves for the losses, damages, and suffering.

Continue reading to learn what you need to know about finding legal guidance for your child’s personal injury claim in Indiana.

Indiana Child Injury Lawyers 317-881-2700
Indiana Child Injury Lawyers 317-881-2700

Who Files a Personal Injury Claim for a Minor?

Parents and legal guardians have a constitutional right to pursue a lawsuit on behalf of their injured children or teenagers. If a minor is unjustly and carelessly injured through no fault of their own or even in the situation where your child may be partially at fault but the other driver is at least equally at fault, your child may be entitled to legal compensation for relative damages. Damages general damages, economic and non-economic damages, compensatory and punitive damages, and more. See our blog, “Legal Facts About Pain and Suffering Damages in Indiana” to learn more about calculating pain and suffering damages in a personal injury case.

Wrongful Death or Injury of a Child

When a child is lost due to someone’s negligence or carelessness, it is a wrongful death case. In these intensely sad and devastating cases, parents can recover compensation for pain, suffering, loss of love, loss of affection, loss of companionship, mental anguish, PTSD, lost wages, bills, expenses, and more. If you or a loved one is dealing with an injured child that was hurt as a result of a negligence from a company, person, or product, contact a licensed personal injury attorney for professional and assertive legal counseling and advice.

Talk to a Licensed Accident Lawyer for Professional Legal Guidance

A licensed and experienced personal injury attorney can assist families with injured children with filing a claim against a negligent party’s insurance company. They have the proper resources, knowledge, and experience to successfully win your case and recover compensation for your damages or your child’s damages. Our goal is to recover full and fair compensation for the injuries and damages sustained and suffered by our injured clients. We will handle all negotiations with opposing insurance companies and their adjusters and attorneys in order to settle out of court. If we cannot come to a full and fair settlement outside of court, we will take your case to trial and let a jury decide the case.

The Cost of a Personal Injury Lawyer

Many parents want to pursue a lawsuit or personal injury claim for their children’s accident and injuries, but they do not in fear that they cannot afford legal services. Fortunately, most accident attorneys, such as ourselves, work on a contingency fee basis. This means we do not collect any legal fees unless we prevail and win your family compensation. See our blog, “What are Contingency Fees?” to learn more about personal injury costs.

From the settlement or judgment, you pay the attorney for our services. If we do not win your case, you owe us nothing. Injury lawyers also offer free initial consultations to assess your case and determine your child’s eligibility for remuneration. If they feel you have a valid claim and believe they can win your case, they will represent you for free until you receive your recompense.

Your Trusted Indianapolis Personal Injury Law Firm

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a personal injury claim for your child in Indianapolis, Indiana. Our seasoned personal injury lawyers are eager to recover the full and fair compensation you and your child deserve after your minor child has been seriously injured in an accident caused by the carelessness of another. We offer free initial consultations and never collect attorney fees unless we recover for you. Call 317-881-2700 to schedule a time with a licensed Indianapolis accident attorney, today. We represent injured persons throughout the State of Indiana.

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