Sec. 1. (a) This section does not apply to an abortion
performed in compliance with:
(1) IC 16-34; or
(2) IC 35-1-58.5 (before its repeal).
(b) As used in this section, "child" 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.
The term includes a fetus that has attained viability (as defined in IC 16-18-2-365).
(c) An 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.
(d) 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.
(e) In an action brought by a guardian for an injury to a protected
person, the damages inure to the benefit of the protected person.
(f) In an action to recover for the death of a child, the plaintiff may
recover damages:
(1) for the loss of the child's services;
(2) for the loss of the child's love and companionship; and
(3) to pay the expenses of:
(A) health care and hospitalization necessitated by the wrongful
act or omission that caused the child's death;
(B) the child's funeral and burial;
(C) the reasonable expense of psychiatric and psychological
counseling incurred by a surviving parent or minor sibling of
the child that is required because of the death of the child;
(D) uninsured debts of the child, including debts for which a
parent is obligated on behalf of the child; and
(E) the administration of the child's estate, including reasonable
attorney's fees.
(g) Damages may be awarded under this section only with respect
to the period of time from the death of the child until:
(1) the date that the child would have reached:
(A) twenty (20) years of age; or
(B) twenty-three (23) years of age, if the child was enrolled in
a postsecondary educational institution or in a career and
technical education school or program that is not a
postsecondary educational program; or
(2) the date of the child's last surviving parent's death;
whichever first occurs.
(h) Damages may be awarded under subsection (f)(2) only with
respect to the period of time from the death of the child until the date
of the child's last surviving parent's death.
(i) Damages awarded under subsection (f)(1), (f)(2), (f)(3)(C), and
(f)(3)(D) inure to the benefit of:
(1) the father and mother jointly if both parents had custody of the
child;
(2) the custodial parent, or custodial grandparent, and the
noncustodial parent of the deceased child as apportioned by the
court according to their respective losses; or
(3) a custodial grandparent of the child if the child was not
survived by a parent entitled to benefit under this section.
However, a parent or grandparent who abandoned a deceased child
while the child was alive is not entitled to any recovery under this
chapter.
(j) This section does not affect or supersede any other right, remedy,
or defense provided by any other law.
[Pre-1998 Recodification Citation: 34-1-1-8.]
As added by P.L.1-1998, SEC.18. Amended by P.L.2-2007,
SEC.373; P.L.234-2007, SEC.169; P.L.3-2008, SEC.242;
P.L.129-2009, SEC.8.
IC 34-24ARTICLE 24. CIVIL PROCEEDINGS RELATED TO CRIMINAL
ACTIVITIES
Ch. 1.Forfeiture of Property Used in Violation of
Certain Criminal Statutes Ch. 2.Civil Remedies for Racketeering Activity Ch. 3.Treble Damages Allowed in Certain Civil
Actions by Crime Victims
IC 34-24-1Chapter 1. Forfeiture of Property Used in Violation of Certain
Criminal Statutes
34-24-1-1Seizure of vehicles and property commonly used
as consideration for controlled substance or
felony terrorist offenses; seizure of tobacco
products and personal property 34-24-1-2Seizure procedure; custody; provisional release 34-24-1-4Hearing; disposition of property; distribution of
funds 34-24-1-4.5Prosecuting attorney reports concerning
transferred property 34-24-1-5Determination of secured interest and appraised
value; disposition of property; payment 34-24-1-6Public sale of property; publication of notice;
proceeds 34-24-1-8Retention of attorney to bring action;
compensation agreements 34-24-1-9Disposition of seized property; expenditures of
money
Notes of Decisions
Cited in
77
cases (
11 in the last 5 years), 1998–2026 · leading case:
Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005).
Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005).
· cites it 25× “Whether a viable fetus is a "child" under Indiana's child wrongful death statute, Indiana Code Section 34-23-2-1 ("the statute"). 2. Whether the statute, as interpreted by our supreme court in Bolin v.”
Robinson v. Wroblewski, 704 N.E.2d 467 (Ind. 1998).
· cites it 24× “Ind.Code § 34-23-2-1 (1998)(emphasis added).”
Randles v. Indiana Patient's Comp. Fund, 860 N.E.2d 1212 (Ind. Ct. App. 2007).
· cites it 32× “Ezra Douglas has a claim for damages for the death of Sean pursuant to Indiana’s Wrongful Death of a Child Statute, Ind.Code § 34-23-2-1. The Court finds and concludes that Sean was a “child” within the meaning of subsection (a) of that statute.”
Durham Ex Rel. Est. of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001).
· cites it 7× “I.C. § 34-23-2-1. [2] The 1851 Constitution created the Supreme Court, circuit courts, and gave the legislature the power to create other "inferior courts.”
Bolin v. Wingert, 764 N.E.2d 201 (Ind. 2002).
· cites it 4× “Ind.Code Ann. § 34-23-2-1 (West 1998). 2 .”
Est. of Sears Ex Rel. Sears v. Griffin, 771 N.E.2d 1136 (Ind. 2002).
· cites it 8× “[2] Ind. Code Ann. § 34-23-2-1 (West 1999). The CWDS therefore allows recovery without proof of dependency or the necessity of opening an estate.”
Spangler v. Bechtel, 958 N.E.2d 458 (Ind. 2011).
· cites it 4× “In granting the motion, the trial court concluded: (a) that the plaintiffs’ claims for emotional distress could not proceed under the CWDA because they were based on the death of an unborn child, which was not a “child” for the purposes of the CWDA; (b) that the plaintiffs did…”
Angel Shores Mobile Home Park, Inc. v. John Crays & Megan Crays, 78 N.E.3d 718 (Ind. Ct. App. 2017).
· cites it 14× “On February 16, 2016, the trial court ordered Angel Shores to pay the Crays’ attorney’s fees and litigation expenses, stating: The matter having come before the Court on [the Crays’] Motion for Attorney Fees and Costs, the Court hereby finds that these elements of damages are…”
Ledbetter v. Ball Mem'l Hosp., 724 N.E.2d 1113 (Ind. Ct. App. 2000).
· cites it 8× “…Constitution as applied to bar the Ledbetters’ claim. Judgment affirmed. SULLIVAN, J., and STATON, J., concur. 1 . Ind.Code § 34-23-2-1 et seq.”
Armstrong v. Federated Mut. Ins. Co., 785 N.E.2d 284 (Ind. Ct. App. 2003).
· cites it 4× “Their complaint was brought under the Indiana Child Wrongful Death Act, Ind.Code Ann. § 34-23-2-1, et seq. (West 1999).”
— Ind. Code § 34-23-2-1(a) — 5 cases
Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005).
“Whether a viable fetus is a "child" under Indiana's child wrongful death statute, Indiana Code Section 34-23-2-1 ("the statute"). 2. Whether the statute, as interpreted by our supreme court in Bolin v.”
Est. of Sears Ex Rel. Sears v. Griffin, 771 N.E.2d 1136 (Ind. 2002).
“[2] Ind. Code Ann. § 34-23-2-1 (West 1999). The CWDS therefore allows recovery without proof of dependency or the necessity of opening an estate.”
Randles v. Indiana Patient's Comp. Fund, 860 N.E.2d 1212 (Ind. Ct. App. 2007).
“Ezra Douglas has a claim for damages for the death of Sean pursuant to Indiana’s Wrongful Death of a Child Statute, Ind.Code § 34-23-2-1. The Court finds and concludes that Sean was a “child” within the meaning of subsection (a) of that statute.”
— Ind. Code § 34-23-2-1(b) — 2 cases
— Ind. Code § 34-23-2-1(b)(2) — 2 cases
— Ind. Code § 34-23-2-1(b)(3) — 1 case
— Ind. Code § 34-23-2-1(c) — 5 cases
Randles v. Indiana Patient's Comp. Fund, 860 N.E.2d 1212 (Ind. Ct. App. 2007).
“Ezra Douglas has a claim for damages for the death of Sean pursuant to Indiana’s Wrongful Death of a Child Statute, Ind.Code § 34-23-2-1. The Court finds and concludes that Sean was a “child” within the meaning of subsection (a) of that statute.”
Angel Shores Mobile Home Park, Inc. v. John Crays & Megan Crays, 78 N.E.3d 718 (Ind. Ct. App. 2017).
“On February 16, 2016, the trial court ordered Angel Shores to pay the Crays’ attorney’s fees and litigation expenses, stating: The matter having come before the Court on [the Crays’] Motion for Attorney Fees and Costs, the Court hereby finds that these elements of damages are…”
— Ind. Code § 34-23-2-1(c)(1) — 2 cases
Angel Shores Mobile Home Park, Inc. v. John Crays & Megan Crays, 78 N.E.3d 718 (Ind. Ct. App. 2017).
“On February 16, 2016, the trial court ordered Angel Shores to pay the Crays’ attorney’s fees and litigation expenses, stating: The matter having come before the Court on [the Crays’] Motion for Attorney Fees and Costs, the Court hereby finds that these elements of damages are…”
— Ind. Code § 34-23-2-1(c)(3) — 1 case
— Ind. Code § 34-23-2-1(d) — 1 case
Angel Shores Mobile Home Park, Inc. v. John Crays & Megan Crays, 78 N.E.3d 718 (Ind. Ct. App. 2017).
“On February 16, 2016, the trial court ordered Angel Shores to pay the Crays’ attorney’s fees and litigation expenses, stating: The matter having come before the Court on [the Crays’] Motion for Attorney Fees and Costs, the Court hereby finds that these elements of damages are…”
— Ind. Code § 34-23-2-1(e) — 3 cases
Durham Ex Rel. Est. of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001).
“I.C. § 34-23-2-1. [2] The 1851 Constitution created the Supreme Court, circuit courts, and gave the legislature the power to create other "inferior courts.”
Randles v. Indiana Patient's Comp. Fund, 860 N.E.2d 1212 (Ind. Ct. App. 2007).
“Ezra Douglas has a claim for damages for the death of Sean pursuant to Indiana’s Wrongful Death of a Child Statute, Ind.Code § 34-23-2-1. The Court finds and concludes that Sean was a “child” within the meaning of subsection (a) of that statute.”
— Ind. Code § 34-23-2-1(f) — 5 cases
— Ind. Code § 34-23-2-1(g) — 1 case
— Ind. Code § 34-23-2-1(h)(2) — 1 case
— Ind. Code § 34-23-2-1(i) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.