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

| Jun 20, 2015 | Wrongful Death |

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.

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