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Can I sue for the death of an unborn baby?

On Behalf of | Jan 8, 2019 | Wrongful Death |

When you lose a child through the negligence or due to the actions of someone else, it is devastating. You want the law to hold someone accountable. This becomes complicated when the child you lose is one that has not been born yet. Texas is one of the states that does have feticide laws, according to USA Today.

The state considers an unborn child a victim. The state was one of the first states to enact such laws in 2003. The law allows for a charge against the suspect regardless of the stage of pregnancy. This makes Texas stand out because many states only allow for later in pregnancy whereas this state allows for even early in pregnancy. Other states do not have such wide reaching laws when it comes to feticide.

It is important to note the law does not apply to a legal abortion. This is important because those opposed to such laws often use abortion as the arguing point. They say such laws lead to charges against mothers and doctors in the case of an abortion. So, this exemption is built into the law.

Those who support the law stand by it as a way to help punish those in domestic violence situations. In addition, if you are pregnant and someone assaults you or does something that causes the death of your child, the law holds them accountable for taking a life.

In addition, the law allows you to sue for wrongful death as well. It recognizes your loss and allows for compensation for that loss. This information is for educational purposes only. It is not legal advice.