Tag Archives: Child Wrongful Death Statute

Indiana’s Child Wrongful Death Statute

Legislation to compensate for the loss of your child

Losing a loved one is never easy, especially when you know the death could have been avoided had someone acted in a more careful manner. Dealing with the loss of a child can be devastating, and Indiana laws allow different forms of compensation in these cases. Wrongful death attorneys in Indianapolis can help you pursue a claim on behalf of your child.

The Child Wrongful Death Statute (CWDS) in Indiana defines a child as anyone less than 20 years-old, or less than 23 years-old if they were enrolled in school. Before a 2009 amendment, a covered child was one who was born alive. This meant the death of a fetus or a stillborn was not entitled to damages. Now, however, parents of a fetus that has “attained viability” can recover compensation in a wrongful death case.

Limitations on compensation

There are time limits constraints on how long damages are recoverable, including:

  • The loss of the child’s services and parent’s and minor sibling’s counseling is limited from the death of the child to the date the child would have turned 20 years-old (or 23, if the child was enrolled in school).
  • The loss of the child’s companionship and love is limited to the date of the last surviving parent’s death.
  • There is no time restriction on the eligible healthcare, hospitalization, funeral and burial costs, the administration of the child’s estate and attorney fees that plaintiffs can recover.
  • The CWDS does not award punitive damages.

Hire an experienced wrongful death attorney to represent you

Adding a wrongful death claim to your emotional recovery is not easy, and the process can become more complicated if both parents are no longer married but were raising the child together. An Indianapolis wrongful death attorney can help relieve the burden of this process by giving you sound legal advice, making sure you have the necessary paperwork and helping you meet the deadlines.

The attorneys at the Ward & Ward Law Firm offer free consultations and are available 24/7. Call Charlie Ward today at 317-639-9501.

By Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501