Car accidents that result in death are always tragic, but when it happens to an expectant mother and her unborn child, it can feel as though the family has been robbed. Not only have they potentially lost a mother, spouse, or partner, but they have lost the life of a child they never had the chance to hold. In such situations, compensation may be owed.
Why Pursue Compensation?
Every parent knows that nothing can make up for the loss of a child. Unfortunately, this knowledge can cause some parents to forgo their right to pursue compensation. Some might do so because they are overcome with grief. Others simply may not understand their rights. In either situation, an attorney can help. Able to assist with the claims process and well-versed in personal injury laws, an experienced attorney can ease some of the stress and pain that parents are likely to experience. But this does not fully answer the question of why compensation might be needed.
Compensation can cover medical expenses that were incurred after the accident. It can also provide the family with enough money to take some much needed time off work. Some may choose to use their settlement for therapy or to start a charity fund in memory of their child. In short, the funds from a settlement can give parents room to grieve and heal, and in some cases, may even help the memory of their child live on for years to come.
Understanding Your Rights
Wisconsin law does not cover every accident that results in the death of an unborn child. Instead, it covers only those that would have been considered “viable” at the time of the accident. Essentially, this just means that the fetus would have survived outside of the womb, had it been born. Advancements in medicine have allowed for better survival rates, so the opinion of an expert is often critical in cases involving the wrongful death of a fetus.
Parents should also note that the accident must have been the result of someone else’s negligent actions. Essentially, negligence just means that the person who caused the accident failed to exercise reasonable care – either in their driving behaviors (i.e. speeding, distracted driving, etc.) or in their intention (i.e. driving while intoxicated). The death must have been caused by that negligence, either directly (the fetus died during the crash) or indirectly (the mother gave birth but the baby died from complications caused by the accident).
Contact Our Compassionate Wisconsin Wrongful Death Lawyers
If your family has experienced a tragic loss because of someone else’s negligence, contact Herrling Clark Law Firm, Ltd. for assistance. Compassionate and experienced, our Appleton wrongful death lawyers strive for the most favorable outcome in every case. We will be by your side, protecting your rights and assisting you through the complex and emotional process. Schedule your free consultation to get started. Call our offices at 920-739-7366.
Sources:
http://www.deseretnews.com/article/700052019/Court-Wisconsin-man-can-sue-over-death-of-fetus.html?pg=all
http://www.foxnews.com/health/2017/06/06/baby-born-after-fatal-car-accident-dies.html
http://docs.legis.wisconsin.gov/statutes/statutes/895.pdf