Warshafsky Rotter Tarnoff Bloch, S.C.

Unborn Children in Wisconsin Wrongful Death Cases

How to Know If You Qualify for a Wrongful Death Lawsuit

The loss of a child is never easy, even if the child was unborn at the time of your loss. Trying to navigate dense legal terminology is an unnecessary burden during this trying time. Warshafsky Law Firm is here to provide an assessment to determine if the loss of your unborn child can qualify for a wrongful death lawsuit.

Can Wrongful Death Claims Apply to Unborn Children?

Many mistakenly believe unborn children do not qualify for wrongful death lawsuits. This is because many pregnancies end in miscarriage without experiencing any trauma, making it difficult to discern when an unborn child has been lost as the direct result of negligence or wrongdoing.

Baby cribFurther, wrongful death cases involving unborn children are often difficult and complicated due to Wisconsin law. According to current state legislature, an unborn child must have been a mature or developed fetus viable outside the womb to allow a wrongful death lawsuit. Essentially, this means the fetus must have been likely enough to survive on its own had the incident or negligence not occurred. This can make recovering damages difficult as a doctor must be the one to determine whether the unborn child was viable and it can vary from case to case.

There are many scenarios in which an unborn child can be lost due to negligence. If you or your partner suffers a miscarriage after a car accident, you may be entitled to compensation through a wrongful death lawsuit. Medical malpractice is another reason unborn children could face wrongful death. Determining what caused your miscarriage or unborn child to pass away shortly after birth is important to understanding whether or not you have a claim in a wrongful death lawsuit. Warshafsky Law will help determine who is at fault and this liable for damages.

Protecting Unborn Children from Harm

The federal law known as the Unborn Victims of Violence Act allows for charges to be made against any person responsible for the death of an unborn child separate from charges related to the mother. This means if a woman is killed along with her unborn child, wrongful death lawsuits may be filed for both rather than just in the case of the deceased mother.

Warshafsky Law knows money cannot ease the passing of an unborn child. However, there are undeniable medical bills and costs associated with the loss of a child from wrongful death. Funeral arrangements or a memorial service for an unborn child can also become financial burdens for grieving parents. A wrongful death lawsuit can help you receive the financial compensation you deserve.

Litigation against Wrongful Death

There are long-term consequences from the loss of an unborn child. The mother is at risk for health problems related to the loss of her baby and future pregnancies, along with stress and emotional trauma from the incident leading to the wrongful death.  Those responsible for your unborn child’s wrongful death must be held accountable.

By filing a wrongful death lawsuit for your unborn child, you are keeping those responsible accountable for their negligence and wrongdoing. Many Warshafsky Law Firm cases have led to the negligent parties changing company policy or having to take efforts to prevent similar accidents or negligence from occurring again. Hospitals have reviewed procedure in light of malpractice while construction companies have used safer methods to direct traffic in construction zones to prevent car accidents. We can help you receive the money you deserve and change the unsafe practices of those responsible.

If you have lost an unborn child due to accident or negligence contact Madison unborn children wrongful death attorneys for a free consultation. 

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