If you suffer the loss of your unborn child in an accident or preventable incident in Texas, you may have the right to hold the at-fault party accountable through the civil justice system and with the help of a San Antonio wrongful death lawyer. The Texas Wrongful Death Act allows for a claim to be filed on behalf of a fetus in certain circumstances.
Texas Wrongful Death Laws for Parents
Under Texas Civil Practice and Remedies Code § 71.002, a legal cause of action for actual damages arising from an injury that causes an individual’s death may be brought if the injury was caused by a person’s wrongful act, neglect, carelessness, unskillfulness or default.
If someone acts in a way that a reasonably prudent person would not have in the same circumstances, resulting in the death of another person, this provides legal grounds for a wrongful death claim.
The list of legal definitions under § 71.001 states that “death” includes, for an individual who is an unborn child, the failure to be born alive. It also says that “individual” includes an unborn child at every stage of gestation from fertilization until birth.
The language of the law means it is possible in Texas for the parent of an unborn child to sue and potentially recover financial damages for wrongful death. These damages may include related medical bills, funeral and burial expenses, mental anguish and emotional pain, and exemplary damages in a case involving gross negligence or malice.
When Is a Wrongful Death Claim Permitted for an Unborn Child?
A wrongful death claim may only be brought by a parent for the loss of an unborn child if the circumstances meet all of the required elements of this type of legal action. The case must deal with negligence, or the defendant’s failure to act with proper care, or a malicious and intentional act of wrongdoing.
The basic elements of a wrongful death case in Texas are:
- A death occurred (including an unborn child failing to be born alive).
- A breach of the duty of care by another person or party caused the death.
- The person filing the claim is a legal beneficiary (including parents of the deceased child).
- The claimant suffered compensable losses, such as financial expenses or pain and suffering.
The biological parents of an unborn child may have the right to file a wrongful death claim in circumstances such as a car accident, a serious fall due to a dangerous property condition, medical malpractice, an assault or act of violence against the mother, or exposure to toxic substances that results in the loss of the fetus.
Do I Need Legal Help for This Type of Claim?
Texas is one of the most parent-friendly states in terms of recognizing the right to file fetal wrongful death claims. However, navigating this type of claim can be difficult – especially while you are also dealing with your grief and mental anguish as a parent. Protect your rights by hiring a San Antonio personal injury attorney to represent you.
As the plaintiff or filing party in a wrongful death claim, you bear the burden of proof. This means you must provide evidence supporting the required elements of your claim. You must prove that the defendant named in your case caused the loss of your unborn child through a careless or wrongful act.
Having an attorney take over the legal process and prove your claim for you can help you achieve the justice you deserve without the stress. Contact Hill Law Firm Accident & Injury Lawyers for a free review of your individual case.