Can I File a Wrongful Death Claim for an Unborn Child in California?

In California, you cannot file a wrongful death claim for an unborn child. An unborn child isn’t considered legally a person in this state. This has been upheld several times in court cases in California.

However, you may still have some legal options as the parent of a child who died before they were born. Your best option is to talk with a Los Angeles wrongful death lawyer for advice about your specific situation.

California Law On Wrongful Death Claims For Unborn Children

California law takes a specific position on wrongful death claims involving unborn children that differs from many other states:

• Under current California law, wrongful death claims cannot be filed for unborn children.
• The state follows the “born alive” rule, which requires a child to be born alive before a wrongful death action can be maintained.
• This position has been upheld in several court cases.
• Even viable fetuses (those capable of living outside the womb) are not considered “persons” under California’s wrongful death statute.
• This rule applies regardless of the stage of pregnancy or the circumstances of the loss.

While this legal reality can be difficult to accept, understanding California’s position helps grieving families identify the legal avenues that are available to them.

The “Born Alive” Rule

Here’s an example of when the parents of an unborn baby could sue for wrongful death. A pregnant woman gets into a car accident that isn’t her fault and goes into labor early. The child is born alive, but dies shortly after due to the trauma.

In this case, because the baby lived for a brief time and was born, the parents have a viable wrongful death claim for their unborn child. If the baby had died in the womb, then they would not be eligible under California law.

Alternative Legal Options For Parents

Though wrongful death claims for unborn children aren’t recognized in California, other legal remedies may exist for families:

Medical Malpractice Claims

Parents can pursue compensation through medical malpractice claims when healthcare negligence leads to pregnancy loss. These claims focus on:

• The standard of care that should have been provided to the mother and unborn child
• How healthcare providers failed to meet that standard
• The direct connection between that failure and the loss of the pregnancy

Unlike wrongful death claims, medical malpractice actions center on the breach of professional duty rather than the loss of a person recognized by law. This distinction is important for building a successful case.

Product Liability Claims

Another alternative would be a product liability claim. Let’s say a pregnant woman takes a new drug and the drug kills her unborn baby. The mother can sue the maker of the drug for the loss of her child because of how product liability claims work.

This is more about allowing a defective and harmful product to be sold on the market than about the wrongful death of the baby. Nevertheless, it is a route to compensation.

Types of Compensation Available

Though not through wrongful death claims, parents may seek various forms of compensation, including the following:

• Physical injuries to the mother resulting from the incident.
• Emotional distress and psychological trauma for both parents.
• Medical expenses related to the incident and the aftermath.
• Lost wages during recovery periods.
• Pain and suffering associated with the loss.
• Cost of counseling and mental health support.

These damages aim to address both the physical consequences to the mother and the emotional impact on both parents. While no compensation can truly address the loss of a child, these remedies provide some measure of justice and financial support during recovery.

Evidence Needed For These Claims

Building a strong case requires specific types of evidence:

• Complete medical records documenting the pregnancy and its loss
• Expert testimony establishing the standard of care and how it was breached
• Documentation of physical injuries to the mother
• Psychological evaluations addressing emotional trauma
• Financial records showing related expenses and lost income
• Witness statements regarding the incident and its impact

How California Courts Handle These Cases

California courts have established certain patterns in addressing pregnancy loss cases:

• They consistently distinguish between injuries to the mother and loss of the fetus
• Courts typically allow recovery for emotional distress as part of the mother’s personal injury claim
• Judges often permit testimony about the relationship between physical and emotional trauma
• There’s growing recognition of the father’s emotional distress in certain circumstances
• Courts carefully scrutinize the causation between negligence and pregnancy loss

Understanding these judicial tendencies helps shape effective legal strategies. While the law doesn’t recognize wrongful death claims for unborn children, courts do acknowledge the profound emotional impact of pregnancy loss.

How J&Y Law Approaches Wrongful Death Claims for Unborn Children in California

Our approach to these sensitive cases includes:

• Comprehensive evaluation of all possible legal avenues
• Consultation with medical experts specialized in maternal and fetal care
• Connection with grief counselors and support groups for emotional healing
• Thorough documentation of all physical and emotional impacts
• Strategic presentation of claims that align with current California law
• Compassionate guidance through each step of the legal process

We understand that pursuing legal action during grief can feel overwhelming. Our team provides both legal expertise and emotional support throughout the process.

Finding Support and Justice After Pregnancy Loss

If you’ve experienced the loss of an unborn child due to someone else’s negligent actions in Los Angeles or elsewhere in California, understanding your legal options is an important step. While wrongful death claims may not be available for unborn children in California, other significant legal remedies exist to address your loss.

Contact us today for a free consultation to discuss your situation and explore the legal options available to your family. We focus on you and your emotional recovery while working to secure the justice and compensation you deserve.