The hidden reality in the saying that “the sorrow only a mother knows” comes true when a pregnant woman gets involved in an accident that leads to their unborn child’s death.
When someone causes another’s death due to negligence, the survivor or the representative has a legal right to bring up a wrongful death claim against the liable person. The same case applies when a parent loses an unborn child in a car crash, medical malpractice, or due to any other form of negligence.
Who May Be Sued For The Death Of Unborn Child
Wrongful death involves death resulting from someone’s negligence. When such happens, a plaintiff is left with no other option other than to seek justice. Nevertheless, this proves to be different when an unborn child dies since not every state allows parents to seek justice. Most states dictate that children must first be born alive for any cause of wrongful death action to be taken by the parents. Following an unborn child’s death, parents have a legal right to file a wrongful death claim and recover the financial and emotional loss. If your unborn child died due to someone’s negligence, you could find Ak compensation lawyers to help you file a claim depending on the cause of the death. Since Alaska allows for justice to the unborn fetus, then a plaintiff has many options on which they may file a wrongful death claim. Some of them include:
- Mother being involved in a car accident: Motor vehicle accident has been the leading cause of morbidity and mortality among pregnant women. Injuries suffered may cause premature death as it may put the mother at risk. Even when an accident is a minor fender bender, it becomes risky to a pregnant woman. Such a case requires legal expertise to win. For instance, a driver might not be liable if a mechanical issue caused the death of your unborn child. In such a case, you can file a claim with the help of a personal injury lawyer.
- Medical malpractice: A hospital or a doctor may fail to act reasonably when treating a pregnant woman. For instance, if a fetus is injured prior to birth, such as a health care provider failing to monitor its oxygen levels, the fetus may die before being born. Also, a doctor may have prescribed the wrong drugs to the mother, which may harm the fetus and hence their death. If an unborn child dies due to such reasons, you can look for a medical malpractice lawyer to hold the doctor or hospital liable for the mistake.
How To Prove A Wrongful Death Claim
Your compensation will depend on how well you can prove the defendant’s legal liability in your wrongful death claim. If your unborn child has died due to negligence, you can only get compensated if able to prove that:
- The defendant owed you a duty of care. For instance, if you were involved in a car accident, you have to prove that the at-fault driver was speeding or was under the influence of drugs and alcohol.
- The defendant breached that duty of care. This could be driving while drunk while knowing the repercussions of such act.
- Finally, your unborn child died due to injuries suffered after the accident.
With the above, you must meet the burden of proof where your evidence’s credibility will be measured. That way, your case may be resolved during negotiations, but if there arise disagreements, you can only proceed to trial.
Legal Issues related to the wrongful death of an unborn child are complicated due to state laws involved. As such, having a wrongful death attorney can significantly help you run over obstacles associated with such legal actions. If your claim is successful, you can get damages for:
- Current and future medical costs associated with your injuries
- Loss of future earning
- Emotional injury. You may experience distress after the unborn child injury and death, which may lead to emotional pain and suffering
- Punitive damages in cases where the defendant was grossly negligent
Hiring A Wrongful Death Lawyer For Justice
In Alaska, an unborn child has the same legal rights as a living person. This means that you have a legal right to file a wrongful death claim to seek compensation for the loss of your child. Therefore, it’s crucial to hire a lawyer who can guide you in calculating how much your claim is worth.
Nothing can bring back a dead fetus. But when justice prevails, this brings some consolation to the parents. Your lawyer can address any act of wrongdoing that could have led to the death of your unborn child with your best interest in mind. With this, you will also have a quick healing process and at the same time make it a warning to others who act negligently to cause death to unborn babies.