Britton Law, P.A.
Free Consultation For Injury Cases
Due to precautions related to COVID-19, remote consultations via teleconferencing, Facetime or Skype are available. Please contact our office to discuss if this option is appropriate for your situation. Let’s all stay healthy and safe.

If my unborn baby dies due to someone's negligence, can I sue?

The status of an unborn child varies according to what state you happen to be in. This has significant implications if you happen to be a pregnant woman who is injured in an accident due to someone else's negligence.

Not only could you be seriously hurt in such circumstances, but the trauma could result in the death or injury of your unborn child. Whether you might have right to seek compensation for the unborn child's wrongful death or injury depends on the laws of your state.

Many states specify that a child must be born alive and then die in order to justify a wrongful death action. If a fetus survives such an accident but then is born with apparent injury, it opens up other areas of legal uncertainty. To get answers where such questions exist, the best thing is to speak with an attorney.

As it happens, in North Carolina, the law is quite clear on this subject. It defines that a fetus at any stage of development in the womb is an unborn child. It also makes the purposeful or accidental death or injury of an unborn child a crime. And the statute also stipulates that a defendant can be found guilty of a criminal charges, even if he or she didn't know a victim was pregnant.

Separate provisions of state law cover the issue of when compensation for death or injury is possible after a wrongful act. They spell out the specific rights that an injury victim has but also set standards for how action must be pursued. To be sure that all those provisions are properly met, the help of an attorney is always recommended.

No Comments

Leave a comment
Comment Information

Send Us An Email. We’ll Listen.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Britton Law, P.A.
2850 Village Drive, Suite 206
Fayetteville, NC 28304

Toll Free: 888-811-9738
Phone: 910-401-3356
Fayetteville Law Office Map

Britton Law, P.A. Office

Call Our Law Firm:

910-401-3356 ~or~ 888-811-9738
If my unborn baby dies due to someone's negligence, can I sue? | Britton Law, P.A.