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When a Child is Lost Due to Preventable Negligence in Indiana

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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.

Proven Results

$25,000,000

Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.

$940,000

Post-Concussion Disorder

Women rear-ended while stopped at red light

$1,250,000

Medical Malpractice

Patient suffering nerve damage following hip operation.

$12,000,000

Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.

$10,500,000

Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.

$797,000

Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.

$1,750,000

Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.

$7,250,000

Traumatic Brain Injury

Man physically assaulted at his workplace.

$875,000

Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.

$945,000

Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.

$1,525,000

Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

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– Pat D.
"After being involved in a car accident, I was very fortunate to work with Don Wruck. He explained everything to me and my family and made me feel involved in all decisions. I was very happy with the result of my case and happy to have found this firm!"
– Kayla D.
"My case wasn’t very large, but they made it easy to recover damages when the insurance company didn’t even want to cover basic costs. The firm was responsive to my inquiries, and very clear about what was required and what could be expected, during every step of the process."
– Wayne M.
"From start to finish, Wruck Paupore PC Law were the best! Knowledgeable and straightforward, they explained the process, start to finish, and gave guidance while allowing us to determine the best course of action to take. We would highly recommend them and would certainly use them again."
– Chris V.
"We are so thankful with how the lawyers and staff handled our case. The folks at Wruck and Paupore were always pleasant and helpful in all their phone calls and letters. It was always a pleasure to get their calls. We were especially pleased with their tenacious pursuit of the goal of full recovery which was far greater than we could have imagined."
– Jay Zoellner
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations! The staff at his firm was helpful, responsive and caring during a difficult time following a life-altering experience. I highly recommend Attorney Wruck and his firm."
– J B
"Attorney Wruck did an amazing job in settling my personal injury case. His knowledge and experience specific to semi-truck accidents made all of the difference in the outcome of my case; the settlement exceeded my expectations!"
– James M.
"Exceptional team. They took on my case and made sure that I was consulted on every issue. If it wasn’t for the caring staff and my legal team I don’t know what I would have done. Everyone did an awesome job thanks so much for your help."
– Rhonda M.
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– Adriana
"Wruck Paupore was fantastic. I was informed every step of the way, they did all of the work, and I got my case settled."
– Idell J.
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"It was awesome watching Donald Wruck at work during mediation. He really fights for his clients."
– Lisa L.
"Wruck Paupore did more than they promised and did all of the work. I was worried about bills and dealing with insurance people. They did everything while I recovered. They were not concerned about earning money but about helping me and my husband."
– Edithe P.
"Don did a great job on my case! Staff was amazing! Kept me in the loop the entire time. I highly recommend!!!!"
– Dana L.
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"A great experience from beginning to settlement. Handled our case from start to finish. Explained every step and communicated very well."
– William H.

Your Legal Team

Your Legal Team


Top-Rated Litigator.
Helping injury victims move forward.

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.

Best Indiana Auto Accident Lawyer
Understanding the Insurance Company:
Getting Results.

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.

Best Personal Injury Lawyers Indianapolis
More than 40 Years of Experience.
Still Fighting for Justice.

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.

Best Nursing Home Abuse Lawyers Indiana

Proven Results


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***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

Real Client Testimonials