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Posted on June 28, 2018 by

Fatality of An Unborn Child and a Car Accident Settlement

Wrongful death lawsuits are filed all the time. However, most of them don’t involve the death of a fetus. One man has recently filed a lawsuit – with the court’s permission – against his unborn child’s mother’s insurance company. A lower court originally denied the action, claiming that the mother didn’t owe any type of legal obligation to the baby. However, a Court of Appeals saw otherwise.

The mother’s negligent driving was what caused the car accident to take place. Later on at the hospital, she gave birth to a stillborn baby. As a result, the father of the child is seeking compensation from her insurance company for damages.

This is a very interesting case, and some are arguing that it opens up a legal can of worms for other cases in the future. It’s possible for the father’s attorney to say that the baby was viable, and his or her life was taken as a result of the crash. It’s as though the fetus was just another passenger in the vehicle at the time.

Sometimes the legal boundaries can be blurred. Maybe you have a case that raises some questions, and you need legal advice to know how to proceed. You should consider talking with a St. Louis car accident attorney.

We would be happy to discuss your case with you. Your St. Louis car accident attorney is here to assist you, regardless of your case.