Losing an Unborn Child in a Florida Car Accident: Can I Sue?

Losing an unborn child is one of the most difficult things a mother can experience. Sometimes, there’s nothing they could have done differently to avoid this. In other situations, however, these accidents are caused by other people’s negligence. A clear example is a car crash that causes the death of an unborn child. But what happens next? Can you sue for losing the child? Will the driver face charges of vehicular manslaughter? What about vehicular homicide? Let’s find out.

Unborn Child Dies in Florida Crash

Although the death of an unborn child in a car accident might seem like a relatively rare occurrence, the unfortunate truth is that this happens fairly regularly in Florida. On January 29th of 2023, it was reported that an unborn child had lost their life after a crash in Glades County. It started when an SUV drove the wrong way down US 27, and the vehicle eventually collided with a Jeep Compass.

The Jeep overturned and erupted into flames, killing the two people inside. One of these individuals was pregnant, and the crash ended the life of the unborn child. The SUV driver survived, but the passenger of that vehicle also perished. Police say that the crash is still under investigation, but they have revealed that charges are pending against the SUV driver — who was the lone survivor.

Can You File a Wrongful Death Claim for an Unborn Child?

Florida is one of the ten states that doesn’t consider an unborn child a “person.” Regardless of how close the child was to being born, Florida only grants “personhood” on an individual after they are born. This means that filing a wrongful death lawsuit specifically for the death of an unborn child is impossible in Florida.

There Are Many Other Ways to Sue

That being said, it’s important to note that there are many other ways to take legal action after a serious car crash. If you were pregnant during the crash and suffered injuries, you can sue the driver. You might also claim emotional distress and other non-economic damages for the trauma of losing your baby. If you are the family member of a pregnant woman who died in a crash, you can sue on behalf of the mother. This will have the same basic effect as suing on behalf of the child.

Where Can I Find a Qualified Personal Injury Attorney in Florida?

If you’ve been searching for a Fort Walton Beach wrongful death lawyer, look no further than Browning Law Firm, P.A. We know that losing a loved one can be life-altering and traumatic — even if the child was not yet born. The truth is that you can certainly take legal action against the negligent party that caused your car accident. Book a consultation today to get started with an effective action plan and hold negligent drivers accountable.

Sources

1. https://nbc-2.com/news/local/inland-counties/2023/01/29/unborn-child-and-3-others-dead-after-glades-county-car-crash/
2. https://www.flgov.com/2022/04/14/governor-ron-desantis-signs-bill-to-protect-the-lives-of-floridas-most-vulnerable/

Browning Law Firm, P.A.

418 Racetrack Rd NE, Ste B
Fort Walton Beach, FL 32547
850-344-1736

If you have further questions about this article or legal concerns, call 800-672-3103