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No child should ever have their life cut short due to an adult’s negligent or wrongful act. In addition, no amount of money could make up for the impact this tragedy will have on the adolescent’s family. You deserve fair financial restitution, and Indiana law can help pay for financial expenses and damages due to your loss.
Filing a suit over the wrongful death of a minor in Indianapolis is a legally and emotionally complex process, and you do not need to go through it alone. Support from a compassionate wrongful death attorney could help ensure you have the best chance of getting a favorable case result without putting too much stress on you or the people you love.
When an adult passes away as a direct result of someone else’s actions, the only person who has legal standing to file a wrongful death action is the deceased person’s estate representative, who is usually nominated in the deceased person’s will. Since minors rarely have wills or estate planning documents, state law allows one or both parents of a minor who suffers a wrongful death in Indianapolis to file suit in their child’s name.
The law allows parents with legal custody of their child, or a legal guardian, to file suit if their child is: under 20 years old with no spouse or dependents; under 23 years old with no spouse or dependents and enrolled in college or technical school; or a viable fetus at the time of their premature death. In all these scenarios, the legal process must begin within two years of the adolescent’s date of death, in accordance with the statute of limitations for wrongful death litigation. An attorney can discuss further, including any exceptions that may apply.
Parents or legal guardians filing suit in Indianapolis may seek restitution for economic and non-economic damages they will experience because of their child’s death. This can include, but is not strictly limited to:
If parents did not have joint custody of their child, damages may be split between both of them based on the degree to which they were directly involved in the adolescent’s life and impacted by their death.
When you recently lost a child through someone else’s misconduct, embroiling yourself in a civil lawsuit may be the last thing you want. While wrongful death litigation can be stressful, it is also crucial to protecting your family’s financial security and well-being in the months and years to come.
You have assistance available from seasoned legal professionals who know how to pursue damages tactfully for the wrongful death of a minor in Indianapolis. Call today for a confidential consultation.