Dover, FL – Motorcycle Accident Leads to Death of Unborn Child

Dover, FL (August 11th, 2024) –  In Hillsborough County, a crash resulted in two injuries and the death of an unborn child. A 57-year-old Valrico man’s Toyota hit a motorcycle stopped at a red light. The motorcyclist and a 37-year-old pregnant woman sustained injuries; the latter’s unborn child later died. The driver and a Toyota passenger were uninjured.

When a motor vehicle accident results in the tragic loss of an unborn child, the parents may be able to seek justice against the at-fault driver. Whether a wrongful death claim for a fetus has viability in Florida will depend on the development of the fetus, the level of negligence or wrongdoing of the driver, and the damages incurred.

For help filing a wrongful death or motorcycle accident claim in Florida, call Magazine & Light Law Group at 727-499-9900.

When Can You File a Wrongful Death Claim for an Unborn Baby?

In Florida, filing a wrongful death claim for an unborn baby depends on the circumstances of the crash and the viability of the fetus. 

Viability of the Fetus

To file a wrongful death claim for an unborn baby, the fetus generally must have been viable at the time of death. In Florida, viability means the fetus could have survived outside the womb, which is usually around 24 weeks of gestation. The viability requirement ensures that the fetus had reached a stage where its survival outside the womb was possible, relating the loss of the fetus to the accident itself, rather than other factors.

Evidence of Negligence or Wrongdoing

A wrongful death claim requires evidence that the death resulted from another party’s negligence or intentional wrongdoing. This includes cases of medical malpractice, where a healthcare provider’s failure to act appropriately led to the fetus’s death, or accidents caused by another party’s reckless behavior, such as a car accident.

Legal Standing and Claimants

In Florida, a wrongful death claim can be filed by the personal representative of the deceased’s estate. This representative is often a family member or a designated individual who acts on behalf of the estate. The claim can be brought by the parents or guardians of the unborn baby. 

Due to the complexities involved in such cases, including proving viability and negligence, it’s crucial to consult with an attorney experienced in wrongful death and personal injury in Florida. He or she can guide you through the legal process, help gather necessary evidence, and ensure that your claim is properly filed and pursued.

Damages Recoverable in Wrongful Death Claims on Behalf of Deceased Children

In wrongful death claims involving deceased children, damages can be categorized into economic, non-economic, and, in rare cases, punitive damages.

Economic Damages

Economic damages cover quantifiable financial losses resulting from the child’s death. These include:

• Medical Expenses: Costs related to the child’s medical treatment before death, including hospital bills and other related expenses.
• Funeral and Burial Costs: Expenses for funeral services, burial, or cremation.
• Loss of Financial Support: Although children typically do not contribute financially, anticipated support or contributions from the child’s future earnings may be considered.

Non-economic Damages

Non-economic damages address the intangible losses suffered by the family:

• Emotional Distress: Compensation for the emotional pain, suffering, and mental anguish experienced by the parents or guardians.
• Loss of Companionship: Damages for the loss of the child’s companionship, love, and affection.

Punitive Damages

Punitive damages are awarded to punish the responsible party for particularly egregious behavior and deter similar conduct in the future. These are less common in wrongful death cases involving children, but may be pursued if the defendant’s actions were reckless or malicious.

In wrongful death claims, the type and amount of damages recoverable depend on the case, including the child’s age, circumstances of the death, and the impact on the family. 

How Long Do You Have to Sue for the Wrongful Death of a Fetus in Florida?

In Florida, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. This applies to the wrongful death of a fetus as well. However, the claim must be filed within this period to ensure that legal action can be taken. The statute of limitations may be influenced by the circumstance of the case, such as discovery of negligence or malpractice.

It is crucial to consult with an experienced wrongful death attorney promptly to navigate the legal process, gather necessary evidence, and ensure that your claim is filed within the appropriate timeframe. Delaying action could jeopardize your ability to seek justice and compensation for your loss. A wrongful death lawyer with Magazine & Light Law Group can advise you on how to seek justice for your loved one. Contact us at 727-499-9900 for a free consultation. 

Jim Magazine

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association