Question: Who can bring a wrongful death action against the person or entity who’s wrongful act or omission caused the death of a child?
Answer: First, a “child” under this section of Indiana law means an unmarried individual without dependents who is: (1) less than twenty (20) years of age; or (2) less than twenty-three (23) years of age and is enrolled in a postsecondary educational institution or a career and technical education school or program that is not a postsecondary educational program.
Second, the wrongful death action may be maintained under this section against the person whose wrongful act or omission caused the injury or death of a child. The action may be maintained by: (1) the father and mother jointly, or either of them by naming the other parent as a codefendant to answer as to his or her interest; (2) in case of divorce or dissolution of marriage, the person to whom custody of the child was awarded; and (3) a guardian, for the injury or death of a protected person. In case of death of the person to whom custody of a child was awarded, a personal representative shall be appointed to maintain the action for the injury or death of the child.