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Parents’ Rights After the Wrongful Death of an Unborn Child in Wisconsin

You may be able to pursue a lawsuit for the negligent death of your unborn child

You are in a unique situation.

You are mourning the death of your unborn child. The unborn child didn’t die because of pregnancy complications or because of natural causes, but instead your child died because of someone else’s negligence in a motor vehicle crash, slip and fall accident, or another type of incident.

What Are Your Rights?

In some cases, you may have the right to pursue a wrongful death lawsuit against the negligent party. You may have the right to file a wrongful death case for the death of an unborn child in the state of Wisconsin if:

  • Your unborn child would have been able to survive outside of the womb at the time of the accident. A doctor will need to determine if the unborn child would have been viable or able to survive. It is important to note that this expert opinion is important because unborn children are viable earlier in pregnancy than ever before, due to medical advancements.
  • Your unborn child was killed because of someone else’s negligent or intentional actions. If someone else’s failure to provide reasonable care caused the death of your unborn child or if someone else’s intentional actions caused the death of your unborn child then you may have a cause of action.

A wrongful death claim may hold the negligent party accountable for his actions and may provide you with comfort and financial compensation for your loss.

How to Protect Your Rights

Wrongful death cases can be difficult if the child was not yet born. However, they are important. Your child’s life mattered and it is up to you to protect your family’s rights. You can get started immediately by contacting a wrongful death lawyer to find out how wrongful death cases work in Wisconsin and what steps you need to take to begin a claim. For more information, please contact us at any time to schedule a free consultation with an experienced and empathetic attorney.

Jason F. Abraham
Managing Partner, Hupy and Abraham

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