Wrongful Death of an Unborn Child: Cause of Action Permitted for Viable Fetus Under Minnesota Law
When it comes to the wrongful death of an unborn child, laws vary from state to state. The wrongful death of an unborn child can include one of the following two situations:
- The death of the fetus as well as the mother; and
- The death of the fetus because of the negligence or wrongful act of another, yet mother survives.
The majority of states permit a cause of action in the case of a wrongful death of a fetus. However, many of these states also specify that the fetus should reach a particular developmental stage for a claim to be filed. While some states draw the line at birth, others specify that the fetus should be "viable." There are some states which draw the line at the stage of the pregnancy when the fetus becomes "quick" and the mother is able to feel the movement of the fetus within her.
The appellate courts have noted the following in favor of the fetal wrongful death claims:
- Irrespective of the fact that the child was yet to born, the negligence and wrongful act of the defendant should not be ignored;
- Death of a fetus is similar to the death of the baby who lived for only a few days; and
- The term "child" or "person" used in the statute of limitations of the wrongful death act can also be applicable on a viable fetus.
According to the statute of limitations of the Minnesota Wrongful Death Act, a claim for the wrongful death of a fetus, or unborn child, may be pursued, provided the fetus was viable at the time of the injury or accident. The term "fetus" is used to refer to the developmental stage of the unborn child in which it is capable of sustaining life outside the womb with or without life support technologies. Since the fetal viability is possible only after 24 weeks, a wrongful death claim for an unborn child in Minnesota is possible only if the fetus is in its third trimester.
Questions about a wrongful death case involving an unborn child? Speak with a MN wrongful death attorney with the Brown Law Offices, P.A. Our attorneys have years of experience and will fight to obtain the justice you deserve. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. There is no fee unless we win.
Loss of companionship usually refers to loss of care, guidance and affection caused due to the wrongful death of a family member. The death of loved one can be extremely crushing for anyone. The grief becomes almost unbearable when the death is caused due to someone else’s negligence or wrongful act. Though it is not possible to weigh the value of the person in terms of money and compensation, it is recommended that you seek the services of a wrongful death attorney. We can help you recover the compensation you need and deserve.
The death of a loved one is an absolute loss, irrespective of the age of the decedent. No amount of money will ever make the surviving familiy members whole. Because the legal system often assesses a loss in terms of monetary damages, it takes the age of the decedent into consideration evaluating the value of a wrongful death case.
Wrongful death lawsuits are subject to timelines known as the "statute of limitations." These statutes cap the amount of time an individual has to file a wrongful death lawsuit. Each state has a different statute of limitations. 
A wrongful death lawsuit is typically initiated by the immediate family of an individual who dies because of the negligence or wrongful conduct of another person. Section 573.02 of the Minnesota statutes provides that if an individual dies because of the omission, negligence or wrongful act of another person or corporation, then the immediate family (surviving spouse and next of kin) have legal right to seek compensatory and pecuniary damages.
Funeral expenses are often the first set of challenges posed by the wrongful death of a family member. In many cases, the family of the decedent is not financially prepared to bear the expenses associated with the funeral. If you have suffered the wrongful death of a family member and if you feel that the funeral expenses are a burden on the finances of your family, then you should contact a Minnesota wrongful death attorney. We can help make sure you obtain the compensation you deserve.
Wrongful death claims in the state of Minnesota are governed by Minnesota statute. The statute provides that the trustee appointed by the court should act on behalf of the family members of the deceased to bring a wrongful death claim.
No amount of compensation can replace the love and support of a family member who has suffered a premature death. The sudden death of family member in a tragic accident can be overwhelming for the entire family. In difficult times, you need the support and guidance of a competent, compassionate lawyer who can stand up for your rights and interests.
The term "wrongful death" usually refers to premature death resulting from the negligence, carelessness or some other wrongful act of an individual or business. While it is understandable that the grief of losing a loved one is overwhelming, it is in your family's interest to file a wrongful death claim at the earliest possible time so that valuable evidence can be gathered. 
The wrongful death attorneys with the Brown Law Offices, P.A. are pleased to announce their newest online publication, the Minnesota Wrongful Death Blog. Our trial team, lead by attorney Jason Brown, provide this weblog to post useful, easy-to-understand information on key issues such as:
