Last year, the law changed in Virginia. Prior to 2012, the death of an unborn child, or a fetus, in a Virginia car accident did not allow a parent to file a wrongful death lawsuit for the loss of the fetus. Instead, the only cause of action was on behalf of the mother who was hurt in the Virginia car accident.
Now, Virginia law allows a natural mother (or her representative, if she is unable to bring a case) to file a wrongful death claim if her fetus is killed due to the wrongful act or negligence of another person in a Virginia car accident. The mother may be able to recover damages, not only for her own accident injuries, but also for the death of her unborn child. The law appears to be written so as to allow the mother (or her representative) to file a wrongful death lawsuit regardless of how far along the pregnancy was at the time of the accident. In other words, there does not appear to be a requirement that the fetus be viable outside of the mother in order for a wrongful death claim to be filed. However, this provision of Virginia wrongful death law is new and has not yet been settled in the courts.
Contact a Culpeper Car Accident Lawyer if You’ve Lost a Baby in a Crash
If you lost a pregnancy due to the negligence of another driver, then we encourage you to contact our compassionate and experienced Culpeper car accident attorneys today at 540-825-6046 or 800-741-1012 for a free consultation about your rights.