January 7, 2022

Can You File a Wrongful Death Claim for an Unborn Child?

When a woman becomes pregnant the developing baby inside of her can be labeled in legal terms, a “quick child.” This term comes into play when the baby has progressed in his or her growth enough to be able to survive through labor. Because of this, if the child dies due to the negligence of another party, the parents could have a right to sue for compensation.

In the state of Mississippi, it may be possible to file a Mississippi wrongful death claim for compensation in response to the loss of a baby in the womb. If you lost a child because of another party behaving in a reckless manner, Bob Germany is a Jackson wrongful death lawyer that can review your case and provide you with legal guidance and support.

What Can Parents Who Lost A Baby Expect from a Mississippi Wrongful Death Claim?

, Can You File a Wrongful Death Claim for an Unborn Child?, Germany Law Firm PLLCEvery state has its own laws regarding how wrongful death suits are handled. Eligible parties that can bring about a wrongful death suit in Mississippi include:

  • The spouse of the deceased. 
  • The children of the deceased including those that have yet to be born.
  • Parents of the deceased.
  • Siblings of the deceased.

If a mother who is expecting is exposed to danger because of careless actions by another party and those acts result in the death of her unborn baby, she may be able to take legal action for compensation. Having to file a wrongful death suit for the death of a baby can be quite challenging. This is especially true during a time when a person is under duress suffering from considerable emotional trauma from the incident.

Being an expectant parent can be an exciting time. The way a parent can feel waiting to meet a new little life can be extremely powerful. This is why the loss of a child also can be a devastating event for parents to have to endure. Even though civil action and resulting compensation will not bring the child back, they can help grieving parents pay for the damages that came along with their loss including:

  • The cost of medical treatment and care for both the mother and the baby.
  • Final expenses like the cost of burial.
  • Loss of consortium.
  • Pain and suffering.

While rare, when the details of the deadly event were so shocking and appalling it is also possible to have punitive damages added to the final settlement. The reason that punitive damages exist is to serve as a penalty to the liable party for their actions. It also acts as an example to motivate others not to behave in the same manner.

Speak to a Jackson Wrongful Death Attorney Today

It may be possible to file a wrongful death claim for the loss of a baby in Mississippi. Having experienced legal assistance can increase the success of a wrongful death claim. A wrongful death attorney can also manage the claim on behalf of parents who are working through their loss. To learn more about if you could benefit from filing a personal injury or wrongful death claim, please call Germany Law Firm, PLLC today to schedule a free, no-obligation initial consultation at (601) 487-0555. 

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