If the unthinkable happens and someone else’s actions or negligence contributes to the death of your unborn child, know that you have legal options in Minnesota. Aside from any criminal penalties that may be instituted, you may also be able to hold the party civilly responsible for the death of your unborn child. In today’s blog, we talk about a subject we hope you never need help with – getting compensation for the wrongful death of an unborn child in Minnesota.
Wrongful Death Compensation For Unborn Children
Did you know that Minnesota was actually the first state in the US to allow a family to take legal action against an individual who was responsible for the death of an unborn child? Minnesota passed that law in 1949, and since then the majority of states have followed with similar laws of their own. Under Minnesota law, a child is defined as “the unborn offspring of a human being conceived but not yet born,” meaning you may be able to earn wrongful death compensation even if the child is lost at a very early stage of the pregnancy.
There are a number of different scenarios and types of individuals who you can take to court if you feel they are responsible for the wrongful death of your unborn child. We won’t be able to cover every single scenario, but we do want to take a look at some of the more common types of unborn child wrongful death lawsuits.
Negligent Professionals – You may be able to take a healthcare professional to court if they are responsible for the death of your unborn child. Doctors, surgeons, nurses and other medical professionals all take professional oaths to protect their patients, and if they fail to uphold this oath for the patient or their unborn child, they can be held civilly responsible.
Corporate Entities – If a business or corporation’s actions or negligence contribute to the loss of your unborn child, you may be able to take them to court. If a product they produced was unsafe or they failed to appropriately manage foreseeable risks at their store, and you suffered injuries that resulted in the loss of your child, you may be able to win a wrongful death lawsuit.
Drivers – A standard car accident that results in the loss of your unborn child likely would not meet the necessary threshold to pursue a successful wrongful death lawsuit, but if the other driver was drunk, high or driving recklessly, you may have a case.
Abusers – If you were assaulted by your spouse, your boyfriend or a random individual, you may be able to hold them accountable in court if their physical assault caused you to lose your unborn baby.
When it comes to pursuing compensation for the wrongful death of an unborn child, it’s important to remember that intent doesn’t matter. If someone intended to cause harm to you or your unborn child, it may be easier to hold them criminally accountable, but intent isn’t necessary in these types of civil cases.
For example, let’s say that you were mistakenly given the wrong medication at the hospital and it resulted in the loss of your fetus. It doesn’t matter that your care team did not intend to cause harm, the fact of the matter is their actions directly contributed to the loss of your unborn child. The same can be said for any drunk driving situation. While a drunk driver did not set out to crash into your vehicle, their decision to get behind the wheel after drinking showed a reckless disregard for the safety of others, and this disregard ultimately contributed to the death of your unborn child. All of these parties could be held civilly responsible for the wrongful death of your unborn child.
The experience itself will be traumatic enough, so don’t try to win a wrongful death case on your own. Instead, let the professionals at Hey Workers interview witnesses, review evidence and build the strongest case for you and your unborn child. We know that the lawsuit will not bring your child back, but it can hold another party accountable for their actions or negligence, and it can provide some financial relief in the wake of a devastating situation.
If you or someone you know needs help with a wrongful death claim or an unborn child wrongful death claim, make sure that you reach out to a team who can get results. In the greater Twin Cities area, trust the lawyers at Hey Workers. For more information, give our team a call today at (844) 439-9675.
