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Do Wrongful Death Laws Apply To A Stillbirth Case

By Author: adamchrly
Total Articles: 50

All states have laws related to the wrongful death claim of a close relative. These allow a plaintiff to receive financial restitution. A few states even have a wrongful death statute that allows plaintiff to recover financial claims for the death of a stillborn child. Contacting a wrongful death attorney Arizona will also make you more aware of the rules pertaining to your claims.

In a general wrongful death case, the relatives of the deceased are entitled to a compensation if the death was caused by a negligent or wrongful act of the defendant or the accused. This includes damages for lost financial support, the pain and suffering of the deceased before his or her death, the expenses of the funeral and other expenses depending on the case.

Any resolution provided by a wrongful death statute is only applicable if the death was caused due to negligence or an intentional act that led to death. In case of a stillborn infant, a medical provider or the medical team may not be at fault. But when fault is present, then you may have a chance of receiving compensation. Many states do not allow charging of a medical malpractice lawsuit for stillborn infants. But they do allow the application of wrongful death statutes to negligently caused stillbirths.

A stillbirth can also be caused by faults that are outside a medical context, such as by a car accident. In such a case, the plaintiff must be able to prove that the actions of the defendant (the driver of the car or any automobile) were negligent or intentionally causing harm. In such a case, a Phoenix car accident attorney can be of great help to you.

Like already mentioned, some states apply wrongful death statutes to stillbirth cases, but many do not. In such states, the reasoning is that the fetus is not actually a person under the given statute. These states however, apply other statutes to a stillborn case such as the negligence infliction of emotional distress.

In the states that do apply the statute, the condition is that the infant should have been viable. By viable, they mean that the infant should have been able to survive outside the womb on his own or with medical support and attention. The usual limit for viability is that the infant should be at least 24 weeks old. If the infant’s death is caused before this viable period, then the wrongful death claim will not apply in such a case.

Have you been injured in an accident and looking for a personal injury lawyer in phoenix az to file an injury claim, then contact Samuel P. Moeller in Phoenix. A successful attorney with more than 10 years of experience in handling personal injury cases throughout the state of Arizona. For a free initial consultation, please visit our website.

Have you been injured in an accident and looking for a personal injury lawyer in phoenix az to file an injury claim, then contact Samuel P. Moeller in Phoenix. A successful attorney with more than 10 years of experience in handling personal injury cases throughout the state of Arizona. For a free initial consultation, please visit our website.

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