When a car crash results in the death of a pregnant mother and her child, the surviving family takes a double hit. Not only have they lost a loving mother or wife, but they have also experienced the loss of an unborn child or sibling. Unfortunately, there are some confusing elements to the personal injury laws in California that could impact the compensation payout for such cases. Learn more with help from the following information.
Wrongful Death of the Mother
When an expectant mother is killed in an auto crash caused by the negligence of another, the family has the right to pursue compensation. Negligence can include distracted driving, drunk driving, speeding, reckless driving, and more. Elements that may be covered under compensation can include:
- Loss of income,
- Loss of life,
- Loss of companionship for surviving spouses,
- Loss of relationship with deceased parent (minor children), and
- Pain and suffering.
To improve the overall outcome of a case, and to reduce the stress that the surviving family experiences, it is highly recommended that victims seek experienced legal assistance with their claim. Doing so can also decrease the risk of a denied or underpaid claim.
Wrongful Death of the Fetus
Because a fetus has not reached “person” status under California state law, compensation is rarely awarded to families for the wrongful death of an unborn child. This unfortunate truth remains, despite the perceived viability of the fetus. However, there may be extenuating circumstances that could result in compensation (i.e. the fetus is born alive but then dies shortly after). Preemptive injuries are also a rarity for families that experience injury to an unborn fetus, but each case is unique, and yours may contain elements that make a pre-birth injury compensable. An experienced attorney can examine your case and help determine your options.
Navigating the Painful and Complex Claims Process
The loss of a family member is painful, and the loss of two family members is downright devastating. Thankfully, you do not face your claim alone. Instead, you can seek the experienced assistance of Martinez & Schill, LLP. Understanding of the extreme loss you and your loved ones have suffered, our San Diego wrongful death lawyers will protect your family’s rights and best interest. In every situation, we aggressively pursue the most favorable outcome possible. Schedule your free initial consultation to get started. Call 619-512-5995 today.
Sources:
http://www.nydailynews.com/news/national/man-prior-duis-kills-father-unborn-baby-car-crash-article-1.2966419
http://www.nbcsandiego.com/news/local/5-Month-Pregnant-Woman-Her-Baby-Killed-in-Oceanside-Car-Crash-PD-420415413.html
ftp://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0801-0850/sb_850_cfa_20070425_131909_sen_comm.html
https://www.ncbi.nlm.nih.gov/pubmed/11664965