If you experience a miscarriage after a car crash caused by someone else’s negligence, you may be eligible to file a wrongful death lawsuit. While you may sue for the wrongful death of your unborn child in most states, the laws and regulations may change depending on your state.
To review your options for taking legal action against the at-fault party after a car crash, consult a wrongful death lawyer in Indianapolis or your own city. Local attorneys are well-versed in state and municipal laws, regulations, and court procedures, which can be crucial for your case.
Can You File a Wrongful Death Lawsuit if You Have a Miscarriage After a Car Crash?
While this is a sensitive and complex situation, the law recognizes the profound emotional and physical impact that such a loss can have on a family. By pursuing legal action, you can seek compensation.
Different U.S. states apply various legal standards. An experienced personal injury lawyer can help you understand these standards and navigate this difficult terrain more effectively. They will compassionately guide you through the process of filing a lawsuit after a death.
Conception Standard
In some jurisdictions, the “conception standard” is applied, which recognizes the fetus as having legal rights from the moment of conception. This means that if the accident directly caused your miscarriage, you might be entitled to pursue compensation for your loss. States that follow this standard include Illinois, Louisiana, and Virginia.
Quickening Standard
Under this standard, legal rights for a fetus are established once there is noticeable movement, or “quickening,” typically occurring around 16 to 20 weeks of pregnancy. If your miscarriage happened after this point and can be directly linked to the accident, you may have grounds to file a wrongful death claim. States using this standard include Georgia and Mississippi.
Viability Standard
A fetus is considered viable when it has reached a stage of development where it could survive outside the womb, typically around 23-24 weeks of pregnancy. If your miscarriage occurred later and can be directly connected to the accident, you may pursue a wrongful death lawsuit. Indiana, Ohio, and Kentucky are just some of the states that fall under this category.
No Standard or Uncertain
In some jurisdictions, you cannot file a wrongful death lawsuit after a miscarriage, or there is no clear standard. In places where the law is uncertain or lacks specific guidelines, it may be challenging to determine if you can pursue a claim after losing a pregnancy due to a car crash. These states include Iowa, Maine, and California.
Your Case Will Get
The Attention It Deserves
Proving Negligence in a Car Accident That Leads to Miscarriage
Negligence, in this case, refers to a situation where another driver’s careless or reckless behavior directly causes harm to a pregnant woman and results in the loss of her pregnancy. This can include actions such as distracted driving, speeding, driving under the influence, or failing to obey traffic signals.
To prove that the at-fault party’s negligence caused the car accident that resulted in miscarriage, a wrongful death attorney will focus on the following elements:
- Duty of care: Establish that the at-fault party had a legal obligation to act with reasonable care while driving, ensuring the safety of others on the road.
- Breach of duty of care: Demonstrate that the at-fault party failed to meet that duty of care through negligent actions.
- Causation: Show a direct link between the at-fault party’s negligence and the car accident, proving that their actions were a substantial factor in causing the miscarriage.
- Damages: Document the emotional and physical damages suffered as a result of the miscarriage, including medical expenses, pain and suffering, and loss of companionship.
To recover damages in a wrongful death claim, you must prove that the negligent behavior led to the loss of life. Without proving negligence, you may not be eligible for financial recovery. The sooner you contact a wrongful death lawyer, the more time they have to investigate the crash.
You Have a Limited Time to File a Wrongful Death Lawsuit
Each state has its own statute of limitations, which dictates how long you have to file your claim after the loss of a loved one. This timeframe can vary, but it often ranges from one to three years, depending on the circumstances.
Missing this deadline could mean losing your right to seek compensation for your loss, so it’s crucial to act promptly. Consulting an experienced attorney will help you understand the specific timeline in your state and ensure that all necessary paperwork is filed on time.
A Wrongful Death Lawyer Can Help You Sue if You Have a Miscarriage After a Car Accident
If you lost your unborn child in a car accident, please accept our sincere condolences. An experienced wrongful death lawyer can empower you to hold the liable party accountable and recover the compensation you need to start rebuilding your life.
Vaughan & Vaughan has over 110 years of experience protecting the rights of injured victims and their families. Over the years, we have recovered more than $25 million in settlements and verdicts for clients. Learn more about what our wrongful death lawyers can do for you. Call us today to schedule a free case evaluation with our team.
