Legal Question in Personal Injury in Indiana

I am so sorry to hear of your loss. I hope the child is doing okay under these terrible circumstances. The child's father can bring the claim for the child or a guardian ad litem can be appointed to bring the claim. I would be glad to speak with you further if I can be of help. Larry

My email address is larrjackson@larryjackson law.com if you would like to correspond directly with me.

the indiana wrongful death law applies. this means that an "estate" has to be opened and the estate will bring the wrongful death case against the guilty party. the child or children along with any spouse would be the beneficiaries of the wrongful death recovery. the suit has to be filed within 2 years of the accident. it is best to contact a reputable indiana lawyer in the general area where either the mother lived or where the crash occurred. the best source is word of mouth or the indiana trial lawyers association. billboards, telephone book ads and direct solicitations by mail or otherwise are not always the best source. good luck.

As has already been suggested, the Indiana Wrongful Death statute is applicable here. It is not clear whether the father is alive, but typically, a surviving parent would be the one to bring a suit on behalf of the child, or if not applicable, then a guardian would have to be appointed for the child and suit brought by the Guardian. An estate must be opened, and as indicated, there is a time limit, i.e., 2 years from the date of the accident. To get a better idea of everything, take a look at this brief overview of Indiana Wrongful Death actions.

Suggest you get an attorney in the area to assist you. Time is important in these cases. Sometimes, pictures need to be taken. Also, give serious thought to getting counseling for the child.

To get a better idea of

Pursuant to the indiana wrongful death law applies an "estate" has to be opened and the estate will bring the wrongful death case against the guilty party. the child or children along with any spouse would be the beneficiaries of the wrongful death recovery. The estate can be for the sole purpose of collecting damages. The suit has to be filed within 2 years of the accident.

The executor is the person who would bring the suit on behalf of the estate.