Minnesota Wrongful Death Lawyer & Attorney : Minneapolis Wrongful Death Law Firm : Brown Law Offices : St. Paul, Twin Cities MN

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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.