In the blink of an eye, children go from shrieking toddlers who want to spend every second with you to chatty teenagers wrapped up in their own worlds. No one ever expects, however, that their children will be involved in an accident—especially one caused by another’s negligence. One of the most painful things that a parent and a family can experience is outliving their children because an accident or unexpected event takes them too soon. When such loss takes place because of another’s negligence or recklessness, those responsible should be held accountable.
According to a local news report, a tragic car accident left two Indiana teenagers dead. On the day of the accident, four teenagers were in a sedan that lost control and flipped off the road and landed near a cornfield. The damage from the accident left the vehicle nearly unrecognizable. Two teen girls who were in the sedan were killed, and the families are still seeking justice. According to post-accident reports, the driver, a surviving 18-year-old male, was estimated to have been driving nearly 103-108 miles per hour moments before he lost control of his vehicle and crashed. Because the main cause of the accident was speeding, which was an error on the part of the driver, and the tires on the car were unsafe for use, the families are looking into potentially advancing claims. The accident is still under investigation.
In Indiana, wrongful death claims may be available following accidents like this one, where someone died as the result of a wrongful act like negligence. When someone’s lack of care or recklessness results in the preventable death of another, there may be grounds to recover compensation through a civil wrongful death lawsuit.
Not everyone in Indiana, however, is eligible to file a wrongful death claim. Under Indiana law, who can bring a wrongful death lawsuit depends on whether the decedent was a child or adult at the time of death.
For child decedents, the case must be filed by one or both of the child’s parents. If the parents are deceased or their parental rights no longer exist, the case can be filed by the child’s legal guardian. Under Indiana law, an unmarried person without dependents who is younger than 20 years old or an unmarried person without dependents younger than 23 years old and in college or technical school is considered a child. Fetuses that have reached viability are also included as child decedents under Indiana law.
For adult decedents in Indiana, however, only the personal representative or personal executor of the deceased can file a wrongful death claim. Indiana’s wrongful death statute is stricter than most other states, where most family members are typically able to file a wrongful death lawsuit.
Do You Need an Indiana Wrongful Death Attorney?
If someone you love was recently involved in a tragic accident, contact Indiana wrongful death attorney Burton A. Padove today. Attorney Padove is a passionate advocate who will work to ensure that you and your family effectively pursue the compensation you deserve. To schedule a free consultation today, contact the firm at 219-836-2200.