Can I sue the person responsible for an accident that caused the death of my unborn child?

FAQS About Wrongful Death Law – Can I sue the person responsible for an accident that caused the death of my unborn child?

In many states there are laws that allow for a wrongful death action to be taken against someone who causes the death of an unborn fetus, however, California is not one of those states.

In California, the law does not allow wrongful death claims for the loss of an unborn child.   Under California law, a person is only considered legally alive at birth, and therefore, an embryo or fetus has no rights as a person in California.  Additionally, California law also does not grant rights to the mother to a wrongful death claim if her unborn child is killed.  While civil code allows legal liability for fetuses, California wrongful death statutes do not allow the claim.

Can I bring a wrongful death action based on the death of a child or an elderly person?

Yes. The calculation of damages, however, may be different than if a parent who supported a family had passed away. It is likely focus on the non-monetary contributions or the services that the deceased provided to the family.

Wrongful Death Trial Lawyers Serving Southern California

We understand that no amount of compensation can replace the loss of your loved one. But you do have the right to pursue recovery for expenses and for other damages in a civil action. If you lost someone you love in an accident, contact the wrongful death attorneys of Stolpman, Krissman, Elber & Silver, LLP, to arrange a free consultation. We work hard to help you find closure by getting you a fair settlement whenever possible, but our attorneys are expert trial lawyers that are prepared to file a lawsuit when it is necessary.

For a Free Consultation Call (562) 435-8300.

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