Losing a child during or right after delivery can be devastating, and it may take time to recover from the mental and emotional stress. This can affect your ability to perform everyday tasks and enjoy life. In such cases, you can sue the wrongdoer and seek compensation for the suffering caused by the demise. A personal injury law attorney can examine your situation to determine whether you can file a claim under your state laws. You may also ask them to clarify the following facts to help you understand your case and know what to expect in your claim:
The Challenges You May Face
Pursuing justice following the prenatal death of a child can be challenging because the culprits may raise different defenses to deny liability. For example, they might argue that an unborn child is not a living person and that a parent has no right to file a claim for a child who dies before or just after birth. However, this is not a justified defense, and the wrongdoer should face the law if their wrongful conduct makes you lose the child you were expecting. In fact, they should face similar charges to a party who caused the death of a child who had lived a short while after birth. Your legal advisor argues your case in court to assert that the defendant committed a crime and should face legal consequences for their actions.
The Charges the Defendant Should Face
Several charges can be brought against the defendant, including using faulty appliances when attending to you during delivery. You can also sue the wrongdoer if your child lost their life because your doctor failed to attend to you in time or if they used the wrong medical procedures. Because the law allows you to file a claim if your child dies in the womb or shortly after delivery, your lawyer studies your case to determine what charges to bring against the defendant to ensure they face the law for their crimes.
The Importance of Legal Help
Legal help is essential when seeking justice after your unborn child loses their life because of someone else's negligent act. To begin with, your lawyer will advise you on your state's laws regarding these lawsuits. They can then file a claim against the negligent healthcare professional to enable you to get compensated for the agony resulting from your child's death.
Pursuing justice for the death of a child during birth can be daunting and complicated, especially if you don't understand your state's laws. Thus, it is best to consider hiring a personal injury law attorney to represent you in your claim to ensure that the wrongdoer faces legal repercussions.
Share1 September 2022
When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.