Can I File a Claim for The Death of an Unborn Fetus in Florida?

Understanding Florida's Wrongful Death Act and Fetal Deaths

In Florida, the Wrongful Death Act sets forth specific criteria that must be met for a wrongful death claim to be filed. This includes the requirement that the deceased must have been a person whose death is attributed to the wrongful act, negligence, default, or breach of contract or warranty of another.

When it comes to fetal deaths, the legal landscape becomes more complex. Under Florida law, the status of a fetus in wrongful death claims has been a subject of debate. However, the courts have provided some clarity, establishing that the fetus must have been viable—capable of living outside the womb—for the parents to bring forth a claim. This means that the fetus must have reached such a stage in development that it could reasonably have sustained life independently at the time of the wrongful act.

The Fetal Death Clause in Florida Statutes

The Florida Statutes address the tragic circumstances surrounding the death of an unborn fetus through the fetal death clause. This specific language within the statutes recognizes the profound loss experienced by expectant parents and provides a legal avenue for them to seek damages.

The clause outlines the rights of the parents to file a claim for the wrongful death of a fetus, provided that the fetus was viable. This viability is a critical factor in determining the eligibility to pursue a claim. The statute aims to balance the recognition of the loss suffered by the parents with the legal definitions and limitations surrounding personal injury and wrongful death claims.

Steps in Filing a Wrongful Death Claim for an Unborn Fetus

The process of filing a wrongful death claim for an unborn fetus involves several critical steps. Initially, grieving parents should consult with a qualified attorney to discuss the viability of their case. Following this, the attorney will conduct a thorough investigation to gather evidence, including medical records and expert testimonies, to support the claim. The next step is to file a wrongful death lawsuit against the party or parties responsible for the fetus's death.

This legal action must be taken within the statute of limitations, which in Florida is generally two years from the date of the incident. Throughout the process, the attorney will provide guidance and support, negotiating with insurance companies and preparing for trial if necessary, to seek justice and compensation for the loss of the unborn child.

Contact Our Attorneys at Politis & Matovina, P.A.

At Politis & Matovina, P.A., we understand the delicate nature of these cases and are here to offer the compassionate and experienced legal representation you need. Our team is committed to guiding you through the legal process and fighting for the justice and compensation you deserve.