Can You File a Lawsuit for the Wrongful Death of a Fetus?

Losing a pregnancy can leave you feeling sad, angry, and helpless, but what happens when the loss was caused by someone else’s negligence? If you believe the loss of your unborn child could have been prevented, then you may be able to file a lawsuit for wrongful death. Before you begin to move forward with your case, however, there are a few facts you may want to learn about wrongful death as it applies to the loss of your child. 

About Wrongful Death

In a wrongful death case, the surviving family members usually file on behalf of the deceased loved one and name those they believe are responsible. The circumstances may be different for each case but may include: 

  • Someone who drove drunk and caused a fatal accident 
  • Negligence on behalf of a company or product 
  • Accidents caused by gross incompetence or carelessness 

You can discuss the individual case details with an experienced wrongful death attorney to discover your legal options. 

State Laws

Your ability to file a wrongful death lawsuit for the loss of an unborn child may depend on your state of residence, as some do not consider a fetus as an individual person, while others consider whether the fetus could have survived outside of the womb at the time of the accident. Your attorney can advise you about whether your state allows such lawsuits to move forward and whether you meet the requirements. 

Medical Negligence

If your unborn child was healthy until your doctor performed a medical test or some other kind of procedure, you may be able to file a wrongful death lawsuit. This may include medical negligence that occurred during childbirth and your baby died as a result. While these kinds of issues can be difficult to prove in some cases, working with an experienced wrongful death attorney can help you compile a solid case. 

Choosing a Lawyer

Choosing a wrongful death lawyer who understands your needs and has a proven track record with this kind of litigation can offer you peace of mind as you seek compensation. He or she can represent you before and during the case, help you gather the proper documentation and place a monetary value on your lawsuit. Having this type of assistance during a difficult time can make a world of difference as you grapple with the death of your unborn child and attempt to recover financially as well. 

The loss of a pregnancy can devastate you and your family, but there is help available. Contact a wrongful death lawyer, today for further information and assistance.