Understanding Indiana’s Child Wrongful Death Statute

Losing a child or a pregnancy due to another party’s negligence is a devastating experience that often leaves families seeking answers and a path to justice. In Indiana, parents may have legal recourse under the Child Wrongful Death Statute, which extends protection to the loss of a viable pregnancy.

This Article outlines the legal framework governing such claims, including the definition of viability, the elements required to establish liability, available damages, and the importance of timely legal action.

Legal Basis for Recovery: Indiana’s Child Wrongful Death Statute

Indiana’s Child Wrongful Death statute allows parents to pursue legal action when a child’s death results from another party’s wrongful act or omission. In 2009, the Indiana legislature expanded the definition of a “child” to include a viable fetus, meaning a fetus able to sustain life outside the womb.

Defining Viability

Viability is evaluated through reasonably medical judgments on a case-by-case basis. While courts generally presume viability at 24 weeks of gestation, earlier viability may be established through appropriate medical review.

When a pregnancy loss occurs after the point of viability, parents may have grounds to pursue a wrongful death claim under Indiana law.

Common Circumstances Leading to Child Wrongful Death Claims

Claims involving the wrongful death of a viable fetus may arise from various negligent or wrongful acts, including:

1. Medical malpractice, such as negligent prenatal care or failure to diagnose and treat maternal or fetal conditions.

2. Motor vehicle collisions (car and truck accidents)

3. Workplace incidents or hazardous employment conditions

4. Unsafe premises or other negligent conduct

If a person or entity owed a duty of care and breached that duty in a manner that caused the loss, a wrongful death action may be appropriate.

Elements of a Wrongful Death Claim for Pregnancy Loss

To prevail on a wrongful death claim in Indiana, parents must establish the following elements:

1. Duty of Care – The defendant owned a legal duty to the mother and/or unborn child.

2. Breach of Duty – The defendant failed to meet that duty through negligent, reckless, or otherwise wrongful conduct.

3. Causation – The defendant’s breach directly and proximately caused the death of the viable fetus.

Damages Available to Parents Under Indiana Law

Indiana law recognizes the profound emotional and practical consequences of losing a child and allows parents to recover the following categories of damages:

Economic Damages

– Medical and Hospital expenses

– Funeral and burial costs

– Estate administration expenses, including reasonable attorney’s fees

Non-Economic Damages

– Loss of the child’s love and companionship

– Reasonable psychological or psychiatric counseling expenses for the parents

In Spangler v. Bechtel, the Indiana Supreme Court recognized the recoverability of emotional distress damages for mothers who suffer miscarriage due to negligence.

There is no cap on damages under Indiana’s child wrongful death statute, allowing juries to fully compensate a family for the loss suffered.

Statute of Limitations: Filing Deadline

Parents considering a wrongful death claim must be aware of Indiana’s strict two-year statute of limitations, which begins on the date of death. Failure to file within this period can permanently bar recovery. Prompt consultation with an attorney is essential to preserving claims and ensuring proper investigation and documentation.

While no legal action can undo such a devastating loss, pursuing a wrongful death claim may provide accountability and financial support during an extraordinarily difficult time.

If you have experienced the loss of a child due to another’s conduct, you do not need to navigate this process alone. An attorney at McNeely Law can help you understand your options and take steps toward justice and closure for your family. Contact McNeely Law to schedule a case evaluation and to learn more about your options by calling (317)825-5110.

Disclaimer: This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.