Wrongful death involving an unborn child

If you recently lost an unborn child due to the negligence of another, you likely have many hardships to work through. These losses often generate an unimaginable amount of emotional pain and can create challenges for an entire family. Moreover, some families do not understand their rights or realize that they can take action if the child passed away as a result of another party’s reckless behavior.

Wrongful death cases involving unborn children occur in different ways. Sometimes, pregnant women suffer an injury at work because of a negligent employer, while others lose a child as a result of a traffic accident. Regardless of the way in which a mother loses her child, negligent parties must answer for their actions.

Can you file a wrongful death claim after losing an unborn child?

According to the South Dakota Legislative Research Council, if a wrongful act results in the death of an unborn child, people can hold those responsible for the death accountable in court by filing a wrongful death claim. It is important to note that people can only file wrongful death claims involving unborn children to benefit the mother or the unborn child’s lawfully wed parents.

Why should families address wrongful death in court?

If you are dealing with the consequences of a wrongful death, standing up for your legal rights is pivotal for multiple reasons. For starters, you may seek justice and pursue benefits that you deserve. Moreover, by holding those who caused the death accountable, you can reduce the likelihood of such a tragedy occurring in the future and help raise awareness.