Can I Make a Personal Injury Claim For My Unborn Child?

by Paul G.
(Fairfax, VA)

Can I make a personal injury claim for my unborn child? Tricia, Mt. Airy, MD

Yes, a personal injury claim can be made for an unborn child who becomes injured or deceased as the result of an automobile accident.

If the fetus survives the accident, a personal injury claim may be made for it once it is born and its injuries can be assessed, documented and proven to be caused by the accident. Then its claim will be evaluated and settled as any other minor child’s claim would be.

Even if the unborn child is found not to have been injured in any way, there should be some value placed on the pregnant mother's concern and fear for her baby.

If the previously-living healthy fetus does not survive the accident and its death is proven to be caused by the accident, then the loss of the baby becomes part of the mother’s personal injury claim. She must somehow be compensated for the loss of her unborn baby. Obviously, there really is no adequate compensation for the loss of an unborn child and this will be a high-value claim.

If the at-fault driver’s insurance company does not recognize or admit that this is a high-dollar claim(it is difficult to imagine that it would not), then it may be time to retain the services of an attorney who has handled this sort of case. This will ensure that the settlement is fair and will also allow the mother time to grieve and heal.

This article is approved for informational purposes and is not intended to take the place of competent local legal counsel.

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