In Indiana, when a child’s death is caused by the wrongful act, neglect, or default of another person or entity, the child’s parents or legal guardians may have the right to pursue a wrongful death claim. The purpose of a wrongful death claim is to seek compensation for the damages suffered as a result of the child’s death.
The damages that may be awarded in a child wrongful death case can vary depending on the specific circumstances and the evidence presented. Generally, the following types of damages may be considered in Indiana:
- Economic damages: These include compensation for financial losses resulting from the child’s death, such as medical expenses, funeral and burial costs, loss of the child’s future earnings, and loss of the child’s services and support.
- Non-economic damages: These are more subjective and cover intangible losses, such as the pain and suffering experienced by the child before death, the emotional distress and mental anguish suffered by the parents or legal guardians, and the loss of the child’s companionship, love, and guidance.
- Punitive damages: In some cases, if the responsible party’s actions are found to be particularly egregious or malicious, punitive damages may be awarded. Punitive damages are meant to punish the wrongdoer and deter similar behavior in the future.
It’s important to note that Indiana has specific laws and limitations regarding wrongful death cases, including statutes of limitations, which restrict the time within which a claim must be filed. Additionally, damages in wrongful death cases can be influenced by many factors, such as the child’s age, the circumstances of the death, and the evidence presented.
To fully understand the potential damages in a child wrongful death case in Indiana and to navigate the legal process, it is strongly recommended to consult with an experienced attorney who can provide personalized advice based on the specific details of your situation.
Call Indiana lawyer, Dan Chamberlain, for more details. 317-549-5454.