My stepson was hit and killed by a train. He was 23 years old, unmarried, working and living with his mother. She is talking about suing the railroad. My question is--can she? It is my understanding that in Indiana, if the victim is emancipated and leaves no spouse and/or children, there is no basis for a lawsuit from other relatives due to no loss of wages, etc. Is this true?
1 Answer from Attorneys
Re: Train Accident
Please accept my condolences for your loss. You are partially correct. She cannot sue under the special Wrongful Death statute for children that applies if he was in school and is 23 years of age or younger. However, she is entitled to file a suit pursuant to the Wrongful Death Statute that appies to adults. Please feel free to contact me by phone or email. Also, my website is www.indianapersonalinjurylawyer.net