Wrongful Death of Unborn Children Lawyers

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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If an Unborn Child Dies, May the Parents Sue for Damages?

The law varies from state to state on whether someone may bring an unlawful death action for their unborn child. The majority of states, however, do require that the fetus be born in order of the parents to recover for the wrongful death of their child. Many states also require a child to be born in order for the parents to recover emotional distress damages resulting from the death of their child.

Can a Crime be Committed against an Unborn Child?

Many states allow a separate offense to be brought for the killing or injuring of an unborn child during the commission of an already defined crime against a pregnant woman. The federal government has also created a law known as the Unborn Victims of Violence Act. This law provides that any person who causes death or injury to an unborn child shall be charged with a separate offense, in addition to any charges relating to the mother.

How Can a Lawyer Help?

If you have lost an unborn child, a personal injury attorney may be able to help you recover expenses and damages for your pain and suffering. A personal injury lawyer can also advise you on your state's laws regarding the wrongful death of unborn children.

If you have been accused of a crime you should speak to a criminal defense attorney immediately. A criminal defense lawyer can advise you of your rights, legal defenses, and the complicated legal system.

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Last Modified: 09-19-2012 01:55 PM PDT

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