Losing a child in an accident is every parent’s worst fear. Nothing can ever compensate a person for the loss of their child. However, the law often allows parents to recover damages for the death of their child through the Indiana wrongful death lawsuit when the loss is caused by another’s negligence. This not only helps compensate parents, but it acts as a deterrent to others and hopefully makes the tragic loss of young life less likely.
But what about the preventable loss of an unborn child? Is that any less tragic - and is there any less need to deter people from needlessly causing the loss of an unborn child?
Until recently, Indiana courts had strictly interpreted Indiana’s child wrongful death statute in such a way that for the purposes of the law, “child” meant only a child that had been “born alive.” This meant that if a woman was involved in an accident on the way to deliver her baby, and the baby died as a result of the accident, the woman was barred from suing under the wrongful death statute. While she could recover for her own direct injuries, Indiana law did not recognize her unborn baby as a “child” within the meaning of the Child Wrongful Death Act and there was no legal protection for that loss.
Fortunately, the Indiana state legislature amended the law in 2009 to include in the definition a fetus that has achieved viability, which under Indiana law means “the ability of a fetus to live outside the mother’s womb.”
If you or a loved one has been involved in an accident that resulted in the loss of an unborn child, you may be entitled to compensation under the Indiana Child Wrongful Death Act. In order to determine whether you have a claim, you should consult with an experienced Indianapolis wrongful death attorney regarding the specific circumstances of your case. Due to the highly complex legal issues that can arise in wrongful death cases involving unborn children, it is important to retain the services of an Indiana wrongful death attorney who is experienced in handling these kinds of cases.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.