Fetal Wrongful Death Cases in Indiana
The birth of a child is a momentous occasion due to the bringing forth of an individual to a life where they can add value to the lives of others as well as achieve all their dreams. Families with expectant mothers don’t expect anything to go wrong, especially if they are doing everything the doctors asks them to do, as well as attend prenatal screenings. That being said, life happens, and things go awry, leading to the death of an unborn child.
Can I Sue For Fetal Wrongful Death in Indiana?
Suing for the wrongful death of a fetus is a tricky affair. This is because different states have different definitions of what constitutes a child. As a rule of thumb, any fetus that has reached the stage of viability or ‘quickening’ can be considered a child in states such as Georgia and Texas. At the turn of the millennium, an Indiana couple brought forth a case which involved their unborn baby dying as a result of a miscarriage due to another driver ramming into the back of their car. The courts at the time denied their claim due to the definition of a baby in legal literature as well as a case harking back to the 80’s.
A lot of people may be disappointed and state that a child’s life was taken away from their arms, regardless of whether or not it was born. The law, as it stands, is unequivocal in its stance. That being said, it is possible to sue for emotional distress under non-economic damages.
Wrongful Death at Birth Cases
If your child died shortly after birth, however, you may be looking at being able to file an Indiana wrongful death lawsuit naming the attending doctors and the hospital or whoever caused your Indiana accident as defendants. You may also be able to collect various damages from each party to help with things like funeral costs, loss of companionship and pain and suffering.
Indiana Wrongful Death Attorney Help
These types of cases have a statute of limitations which is about 2 years. However, you need to start early so you can have enough time to gather evidence to give your case sufficient legal weight. Please call us on 877-561-3004 for your free consultation into Indiana wrongful death cases. Thanks for choosing us.