Can You Sue for the Loss of an Unborn Child in a Car Accident?

pregnant woman

 

Losing an unborn child in a car accident is a devastating tragedy, and it raises complex legal questions. Many families wonder whether they can hold a negligent driver accountable for such a loss. At the Aranda Law Firm, we aim to provide clarity and compassionate guidance for families dealing with these heartbreaking situations. 

If you have been in a car accident that resulted in the death of an unborn child, contact The Aranda Law Firm at (915) 996-9914.

 

Texas Laws on the Loss of an Unborn Child

In Texas, the law recognizes the rights of parents to seek compensation for the wrongful death of an unborn child. Under the Texas Wrongful Death Act, a fetus is considered a person from the moment of conception, allowing parents to pursue legal action for its loss. This law applies regardless of the stage of pregnancy, provided the negligence or wrongful act of another party caused the death.

For example, if a car accident caused by a reckless driver leads to the death of an unborn child, Texas law allows parents to file a wrongful death claim. This recognition ensures families seek justice and accountability for their loss.

 

Can You Seek Compensation for the Loss of an Unborn Child?

The ability to file a claim for the wrongful death of an unborn child varies by state. In Texas and New Mexico, parents may pursue compensation if their unborn child’s death resulted from another driver’s negligence. This compensation can cover:

  • Medical bills related to the accident and pregnancy complications.
  • Funeral or memorial service costs.
  • Lost wages due to recovery or emotional distress.

 

While no amount of compensation can truly address the pain of losing an unborn child, these claims can provide financial support and hold the responsible party accountable.

 

How a Car Accident Attorney Can Help

Navigating the legal process after a traumatic loss can be overwhelming. A skilled car accident attorney plays a crucial role in supporting families through this difficult time by:

  1. Building a Strong Case
    Attorneys gather evidence, review medical records, and consult with experts to demonstrate negligence and establish liability.
  2. Explaining Your Rights
    Legal jargon and procedures can be confusing. An attorney ensures you understand your rights and guides you through the process.
  3. Handling Negotiations
    Insurance companies often aim to minimize payouts. An experienced attorney advocates on your behalf, seeking fair compensation for your loss.
  4. Providing Emotional Support
    While attorneys cannot heal emotional wounds, their guidance can ease the burden of legal challenges, allowing families to focus on grieving and recovery.

 

The Aranda Law Firm: Compassionate Support When You Need It Most

At the Aranda Law Firm, we understand the profound loss families experience after an accident involving an unborn child. We are committed to providing compassionate, experienced legal support to help you seek justice and accountability.

You don’t have to face this battle alone if you’ve experienced such a loss due to another driver’s negligence. Contact the Aranda Law Firm at (915) 996-9914 to schedule a consultation and discuss your legal options.