Trial Attorney Blog
It is an unfathomable sadness to lose an unborn child as a result of someone else’s carelessness.
In Georgia, parents have legal avenues to seek justice and compensation through wrongful death claims.
However, these cases are fraught with complexities, and understanding the legal framework is crucial.
Understanding Wrongful Death in the Context of Unborn Children
Georgia law allows parents to pursue wrongful death claims for the loss of an unborn child, provided certain conditions are met.
Usually at 24 weeks of gestation, the fetus must be viable, which means it has reached a stage where it can survive outside the mother’s womb.
When deciding who is eligible to bring a wrongful death claim, this viability is a crucial consideration.
Who Can File a Wrongful Death Claim?
In Georgia, the law permits the following individuals to file a wrongful death claim:
- Parents: Both biological and adoptive parents have the right to file a claim.
- Legal Guardians: Individuals who have legal guardianship of the unborn child may also have standing.
It’s important to note that the right to file a claim may not extend to other relatives, such as grandparents or siblings, unless they can prove a significant financial dependency on the unborn child.
Common Causes of Unborn Child Wrongful Deaths
Several factors can lead to the wrongful death of an unborn child, including:
- Motor Vehicle Accidents: When a pregnant woman is involved in a car crash, the sudden trauma can cause serious injury or death to the unborn child. Even if the mother survives, the impact may be fatal to the fetus due to the delicate nature of pregnancy.
- Medical Malpractice: Mistakes by healthcare providers during prenatal care or delivery—such as failure to diagnose complications, incorrect treatment, or surgical errors—can lead to preventable fetal death. These errors often stem from negligence or failure to meet accepted medical standards.
- Workplace Accidents: Pregnant women exposed to hazardous environments or dangerous substances at work, such as toxic chemicals, heavy lifting, or physical trauma, risk harm to their unborn child. Such unsafe conditions can result in miscarriage or stillbirth.
- Defective Products: The use of unsafe or improperly tested medications, medical devices, or supplements during pregnancy can cause harm to the fetus. Defects in these products may lead to birth defects, complications, or fetal death if they interfere with normal development.
Each of these scenarios requires thorough investigation to establish liability and causation.
Types of Damages Available
Parents pursuing a wrongful death claim for an unborn child in Georgia may be entitled to:
- Economic Damages: Including medical expenses incurred due to the injury, funeral and burial costs, and any lost wages if the mother was unable to work.
- Non-Economic Damages: Include reimbursement for mental agony, loss of companionship, and emotional pain and suffering.
- Punitive Damages: When there is purposeful injury or excessive negligence, the defendant may be punished with punitive damages to deter future behavior.
The particulars of the case, such as the circumstances surrounding the death and the effect on the parents, determine the kind and amount of damages.
Statute of Limitations
In Georgia, the statute of limitations for filing a wrongful death claim is generally two years from the date of the incident.
In contrast, the clock may begin to run from the child’s birthdate or the date the child would have been born in situations when an unborn child dies.
This subtle element emphasizes how crucial it is to speak with a competent lawyer as soon as possible.
How Finch McCranie Can Assist
Finch McCranie LLP, a distinguished law firm in Atlanta, offers compassionate and experienced legal representation for parents facing the wrongful death of an unborn child. With over 50 years of experience, the firm provides:
- Expert Legal Guidance: Navigating the complexities of wrongful death claims with a focus on unborn children.
- Thorough Investigations: Comprehensive examination of medical records, accident reports, and expert testimonies to build a strong case.
- Aggressive Advocacy: Vigorous representation in negotiations and, if necessary, in court to secure justice and appropriate compensation.
- Compassionate Support: Understanding the emotional toll of such cases and offering empathetic support throughout the legal process.
Clients have recovered a significant sum of money, including multi-million dollar settlements and verdicts, as a result of the firm’s commitment to quality.
Final Thoughts
No family should have to go through the extremely difficult experience of losing an unborn child alone.
Although filing a wrongful death lawsuit cannot reverse the loss, it can bring about justice, offer financial assistance, and hold those at fault accountable.
In this intricate field of law, it is crucial to comprehend your rights and options.
Having a compassionate and experienced wrongful death attorney, like those at Finch McCranie LLP, can make a significant difference.
They offer not only skilled legal representation but also empathetic support throughout the process, helping you focus on healing while they fight for the compensation you deserve.
If you are grieving such a loss, it’s important to seek legal advice promptly to protect your rights.
Finch McCranie LLP is ready to guide you every step of the way.