When the driver’s negligence or recklessness results in a fatal Indiana car accident, the accident victim’s surviving loved ones may file an Indiana wrongful death lawsuit. Wrongful death claims, which are essentially personal injury lawsuits where the injured person has died and is no longer able to bring a claim on their own behalf, can often be a means of recovering compensation following a tragic accident.
According to a recent news report, a tragic car accident left a couple’s six-month-old son dead. Based on reports from local authorities, the child’s mother was rear-ended by a semi-truck at a stoplight, and the boy died from his injuries following the accident. The child’s mother experienced minimal bruising and soreness, and the couple’s two-year-old daughter underwent surgery to repair a broken femur. The daughter also suffered multiple fractures in her skull but is reportedly in stable condition.
Indiana’s wrongful death statute defines the term “wrongful death” as one that was “caused by the wrongful act or omission of another” person or entity. The most common types of injuries that give rise to a wrongful death claim include negligence-based accidents, such as car crashes or personal injuries, medical malpractice, or intentional acts.