States across the US looks upon and takes action on the wrongful death cases of unborn children differently. That depends even on from which state you are stating your claim. For this very purpose, it is necessary to ensure that the fetus or child was “viable” before the occurrence of the accident. The requisite is been followed by only 40 US states in order to recognize a death claim. On the other hand, in the 10 other states, the age of the child is not deemed as a criterion for the claim of wrongful death.
Who can be labeled as A “Viable” Fetus or Unborn Child?
When the fetus could live outside the womb beyond the dependence of any technological life support, then it can be called “viable”. Completion of 24 weeks of living or when the baby is in its third trimester, they are recognized as “viable”.
The age of the fetus or unborn child is not a matter of concern for many of the states as long as viability is not recognized by them which results in the failure of claims on wrongful death.
When can it be said that a Crime had been Committed Against an Unborn Child?
Any crimes committed against a pregnant lady is already been commissioned in many of the states. Apart from this, for either injuring or killing of an unborn child a separate offense is also allowed. Unborn Victims of Violence Act is wholly created by the federal government for dealing with these cases. A separate offense will be charged on any person who causes injury or death to an unborn child in accordance with this law. The charging will be beside the charges associated with the mother.
Claim for an Injured Child
In spite of the time spent by a baby out of his or her mother, on the subsequent death after the delivery, there are chances of claiming a wrongful death by the parents. Such children who are either unborn or fetus would be injured of any causes such as the use of defective products, medical negligence or even any other types of medical malpractices.
Need for a Lawyer
For recovering your damages and other expenses With regard to the wrongful death claim if any, hiring an attorney for help will prove to be useful. A more keen and elaborate advise will be provided by them associated with the laws of the state about the wrongful death of an unborn child.