Proving Wrongful Death Cases

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The death of a child is a difficult experience for any parent to endure. It is even tougher when that death is caused by the negligence of another person. But what if the child has not been born yet? It is no easier on the parents who are suffering the loss, but does it mean you cannot pursue damages?

Fortunately, the answer is no. In 1949, Minnesota became the first state in the union to enact a law that holds negligent individuals accountable for the wrongful the death of an unborn child. Thirty-four states have since followed suit. While parents can move forward with an action to pursue monetary damages, it is important to keep in mind what they need to do to make sure the claim is proven in court.

Proving Wrongful Death

Regardless of the age of the individual, there are certain elements that must be substantiated in every wrongful death case. First, it is extremely important to be able to determine the role of the individual responsible and how their behavior caused the death of the unborn child. For this, a fetal injury lawyer will turn to traditional methods to claim wrongful death. …show more content…

An independent investigation will produce the evidence necessary to substantiate the matter in court. This could involve the collection a number of items including ultrasounds, photographs of the incident, and police reports. It must also be shown that beneficiaries have suffered from an emotional or financial loss due to the wrongful

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