When a Child is Lost Due to Preventable Negligence in Indiana

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.