A fetus died during a fatal car accident and now the family is seeking restitution for an unborn family member.
The family is from Alabama, which by law compensates wrongful death cases simply with punitive damages. So the question of filing a lawsuit for the wrongful death of a fetus is hard to determine.
The family of the fetus was on a cross-country road trip from their home state, Alabama, on their way to California. When the family drove through Nebraska, they slowed down when approaching a car accident involving two trucks, JDSUPRA reports.
Behind the wheel was the pregnant mother with her two sons as passengers in the back seat. The father was in another car behind them. Suddenly a truck driver from behind going 75 MPH slammed on their breaks and collided with the family.
At the point of impact, the mother, father and two sons died instantly.
A lawsuit was filed following the accident. The driver who had slammed into the father had violated federal traffic laws for driving more than the maximum 14 hours without taking a 10 hour break in between driving again.
Following the initial suit, the parents of the mother filed a wrongful death suit, suing the truck driver, the truck driver’s employers and for the sake of negligence, also sued the truckers involved in the initial crash for causing the back up which lead to the other accidents.
The suits brought against the parties were negligence, vicarious liability and wrongful death, The San Francisco Gate reports.
Included in the wrongfully killed charge is the unborn child, based on the laws in Nebraska.
According to a ruling from Alabama court, a medical malpractice claim was issued against the party which caused the death of a fetus, regardless of whether the fetus could survive outside of the womb on its own.
Cases where the fetus of a pregnant woman dies because of a negligent third party are not often presented in courts and still much has to be learned about the possible repercussions.
Many states have not made any rulings regarding the death of a fetus in personal injury cases. The outcome of such cases could very easily vary depending on which state the case is filed.
Although there is not much information about such cases, plaintiffs should investigate them to see if they can receive compensation for their losses.
Obviously such cases can be very difficult to determine. This is why a reputable, experienced attorney is a plaintiff’s best bet to receiving compensation for their losses.
Contact the Accident Attorneys’ Group today to see how much compensation you or your loved ones could be entitled to for your losses.