Minnesota was the first state to include a cause of action for the wrongful death of an unborn child in the United States in 1949.  Since then, 34 other states have adopted this cause of action and allow unborn child wrongful death cases to be filed in a court of law.  Unfortunately ten U.S. states, including California and New York, do not recognize wrongful death of an unborn child.

In order for the plaintiff’s counsel to bring an action for the wrongful death of an unborn child, two criteria will need to occur:

1. Counsel will need to prove that a human death occurred by the wrongful, reckless act of another person or corporation and that the beneficiaries suffered financial or emotional loss.
2. Counsel must show that the fetus was able to live outside the womb.

At Tarshish Cody, we understand how devastating it can be for expecting parents to lose their unborn child because of someone else’s negligence.  Our compassionate wrongful death attorneys have the history and experience to fight your wrongful death case.  We welcome your call today on 952-361-5556 (or fill out the free Case Evaluation Form) to speak to one of our attorneys and learn more about filing a claim for the wrongful death of an unborn child.

Attorneys Practicing In This Area

Benjamin Tarshish

Kyle Kosieracki

Staff Supporting This Area

Margaret Segura