Can parents sue if their child dies wrongfully?

The death of a child is gut-wrenching. When that kind of loss occurs due to someone else’s negligence, recklessness or intentional act, parents in Indiana may have legal grounds to file a wrongful death lawsuit.

While no legal action can ever truly compensate for such a profound loss, pursuing a claim can help secure justice, provide financial relief and hold the responsible party accountable.

What does Indiana’s law say?

In Indiana, the law generally allows parents or legal guardians to file a lawsuit if their child’s death was caused by the wrongful actions, negligence or misconduct of another party. The law applies to minor children under the age of 20, or under 23 if the child was enrolled in college, trade school or other educational programs at the time of their passing.

A wrongful death claim may arise from various circumstances, including car accidents, medical malpractice, defective products or unsafe premises. To succeed in such a case, parents must prove that the party named as the defendant in a case owed the child a duty of care, breached that duty and that the breach directly resulted in the child’s death.

Parents must act promptly to protect their rights. In Indiana, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of a child’s death. Failing to meet this deadline may result in any related claim being dismissed.

Additionally, because wrongful death cases are emotionally and legally complex, it is not only important for parents to act quickly, it is important for them to secure personalized legal guidance and support before filing a claim. Doing so can also help to take some of the weight off of their shoulders in order to give them more space to grieve.