blog home Wrongful Death When Accidents Kill Unborn Babies: Is It Wrongful Death?

When Accidents Kill Unborn Babies: Is It Wrongful Death?

By Grant Law Office on April 30, 2024

Coping with the loss of a loved one is an emotionally taxing journey, and it becomes even more challenging when the death is unexpected and wrongful. Families grieve for their loved ones while also grappling with the knowledge that the death could have been prevented.

Georgia’s Heartbeat Law has serious implications for wrongful death claims. By setting firm guidelines about the stage of pregnancy when abortion is legal, the law opens up the possibility of seeking wrongful death claims in cases where an accident causes a pregnant woman to lose her baby.

What Is the Georgia Heartbeat Law?

The Georgia Heartbeat Law, officially known as the Living Infants Fairness and Equality (LIFE) Act, significantly restricts the circumstances under which an abortion can be legally performed in the state. The law prohibits abortions once a fetal heartbeat can be detected, which typically occurs around the sixth week of pregnancy.

Many states base their abortion laws on the concept of viability, which refers to the stage in fetal development when a baby can survive outside the womb, with or without medical assistance. This is typically considered to occur around the 24th week of pregnancy, but this can vary based on medical advancements and the individual circumstances of the pregnancy.

The Link Between the Georgia Heartbeat Law and Wrongful Death

The Georgia Heartbeat Law’s recognition of fetal heartbeat as an indicator of life introduces a new dimension to wrongful death claims in Georgia. Wrongful death claims could traditionally be filed on behalf of individuals who were born and had an independent legal status. Under the Heartbeat Law, the scope may include the unborn, allowing families to seek legal recourse for the loss of a pregnancy after a heartbeat has been detected due to third-party negligence. This reshapes the moral landscape of when life begins, creating a legal battleground for wrongful death claims.

How Georgia Wrongful Death Attorneys Establish a Claim

Identifying the grounds for a wrongful death claim is the first critical step in seeking justice for the loss of a loved one. Wrongful death in Georgia is defined as a death caused by the negligent, reckless, intentional, or criminal acts of another person or entity. This legal claim is brought forward by surviving family members.

To establish a wrongful death claim, it must be shown that the defendant owed a duty of care to the deceased, breached that duty through their actions or failure to act, and that this breach directly caused the death and resulting damages. It’s a process that seeks to provide compensation for the full value of the life of the deceased, including tangible and intangible losses, such as lost wages, benefits, and the loss of companionship and care.

In the context of Georgia’s Heartbeat Law, the parameters for wrongful death have been significantly broadened. This could include automobile collisions, acts of violence, accidents caused by reckless behavior, and medical malpractice, where a healthcare provider failed to offer the standard of care required.

Interpreting Georgia’s Legal Challenges

In the realm of wrongful death claims in Georgia, interpreting the legal challenges is of utmost importance for case viability. The Heartbeat Law’s impact is a testament to the evolving legal environment. The law is subject to interpretation by the courts, which can significantly affect outcomes.

Families pursuing a wrongful death claim must establish a clear link between the negligent act and the death, which can be a high burden of proof to meet. Insurance companies also attempt to minimize payouts by disputing claims or liability. These potential barriers require a strategic legal approach and skilled negotiation to ensure that the family’s rights are protected and they receive their due compensation.

Have You Lost a Loved One Due to a Wrongful Death?

The experienced trial lawyers at Grant Law Office are committed to getting justice for deaths caused by any form of wrongdoing. Our firm has an impressive track record of vigorously pursuing wrongful death claims against negligent parties in cases where Georgia Law applies.

The Atlanta wrongful death attorneys at Grant Law Office have more than 60 years of combined legal experience. Attorney Wayne Grant has been selected as one of The Best Lawyers in America 2024 for Personal Injury Litigation by Best Lawyers. Wayne is proud to be in the top 5 percent of attorneys in Georgia, as chosen by his peers through independent research conducted by Super Lawyers.

We will investigate the circumstances of your loved one’s passing. Reach out to us at (404) 995-3955 to schedule a free case review today.