Indiana Injury And Family Lawyer BlogChild Victim Tragically Dies in Indiana Car Accident
Every parent’s worst nightmare is learning their child has suffered injuries or died in an accident. Accidents involving child victims can take an intense psychological toll on the child and the entire family. Fortunately, parents can take several steps to protect their children from injuries in the event of an accident on the road. However, when a child suffers harm in a car accident, the child’s parents may seek to hold the responsible party accountable for their harm through a negligence lawsuit.
As a recent news article tragically reported, an 8-year-old child passed away from a serious car accident. According to state police, the child was traveling in a car that stopped at an intersection. As the driver crossed the eastbound lane to enter the highway, her vehicle collided with another vehicle at a t-bone angle. Sadly, the child died at the scene. Both drivers suffered serious injuries and received treatment at a nearby hospital.
How Can You Protect Your Child from a Fatal Accident?
If you have young children, one of the best ways to protect them is to place them in a car seat. Car seats can keep children safe in the event of an accident. However, not all car seats are equal. First, make sure the car seat is appropriate for your child. The National Highway Traffic Safety Administration (NHTSA) has an online tool that allows you to find a proper car seat based on your child’s age, height, and weight. In addition to selecting the right car seat, make sure to correctly install the seat in your vehicle. An incorrectly installed seat may not provide adequate protection from injuries. Finally, make sure your child is strapped into the car seat. If your child is in a booster seat, make sure your child is also wearing a seatbelt. These steps can help keep your child safe in the event of a car accident.
Can You Pursue Damages for a Child’s Injuries?
Children cannot bring a lawsuit in their name. However, Indiana allows parents to bring a wrongful death or personal injury lawsuit on behalf of their child. Under the Child Wrongful Death Act (Indiana Code 34-23-2-1), parents or guardians can file a lawsuit against an individual whose wrongful act or omission caused the injury or death of their child. The statute defines “child” as a person under 20 years of age or under 23 if the child was enrolled in postsecondary education or technical school. Plaintiffs bringing a wrongful death lawsuit may recover damages for the loss of the child’s companionship and services. They can also recover healthcare and hospitalization resulting from the accident, funeral and burial expenses, the child’s uninsured debts (such as student loans), and costs to administer the child’s estate, including attorney’s fees. Finally, plaintiffs can seek the reasonable expense of psychological and psychiatric treatment by a surviving parent or minor sibling of the child.
Has Your Child Been the Victim of an Indiana Car Accident?
If your child has suffered injuries or died in an Indiana car accident, contact Padove Law for assistance. Indiana personal injury attorney Burton A. Padove understands the significant emotional harm you and your family can experience if a child is harmed. Through Attorney Padove’s compassionate and skilled representation, he will fight to hold the responsible party accountable and secure a favorable damages award for your family. To schedule a free initial consultation, call 219-836-2200.