In July 2018, a new law will take effect in Mississippi that will govern which parties may file a wrongful death claim and how they should go about doing so. Applicable claimants will include the deceased’s:
- Widow or widower;
- Siblings; or
- Unborn “quick child.”
A “quick child” is the legal term for a fetus that has developed to the point where it can move inside the womb. That means the fetus has a heartbeat and brainwaves that can be measured electronically. In other words, the child is so far developed that he or she could survive the trauma of labor and delivery with modern medical intervention.
Our Jackson personal injury lawyers have recovered nearly $300 million for our clients in successful settlements and verdicts. Call 877-231-1600 to schedule a free case evaluation.
Can I File a Wrongful Death Claim Following the Death of a “Quick Child?”
Since wrongful death statutes in Mississippi grant unborn children the right to recover compensation following the loss of a parent, it would stand to reason that parents also have the right to file a claim following the loss of a fetus. The intersection of science and law is undeniably a gray area, but the new statute attempts to eliminate confusion.
In Mississippi, the death of a “quick child” is grounds for a wrongful death claim if the circumstances of the incident were caused by another party’s negligence or recklessness. As WebMD explains, parents can feel their baby’s first movements, or “quickening,” when the mother is between 16 and 25 weeks pregnant. Therefore, the loss of a fetus that is four or five months old could theoretically warrant a wrongful death claim.
In such a scenario, recoverable damages might include:
- Medical expenses for both mother and baby;
- Funeral and burial expenses;
- Pain and suffering; and
- Loss of consortium.
Depending on the circumstances of the death, the surviving parents may also be able to recover punitive damages from the liable party. Punitive damages are intended to punish the defendant for especially reckless or grossly negligent behavior and to dissuade others from engaging in the same misconduct.
Call 877-231-1600 for a Free Consultation with a Jackson Wrongful Death Lawyer
If you lost a loved one in a preventable accident, your family may be entitled to compensation. To determine if you have grounds for a wrongful death claim, contact Coxwell & Associates.
We will perform a meticulous investigation to gather the evidence needed to prove liability and damages. Call 877-231-1600 or fill out our Contact Form to schedule a free consultation with a personal injury attorney in Jackson.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.