Can I File a Lawsuit if I Have a Miscarriage after a Texas Car Accident?

A: Losing an unborn baby due to injuries sustained in a traffic accident (or any other kind of accident) can be extremely traumatic. Because of the nature of the loss in this type of accident, many states have struggled to decide upon a fair way to handle these cases and determine fair compensation.

In Texas in 2003, a woman lost her unborn baby just weeks before her due date when she was injured in a car accident that wasn't her fault. Although at the time Texas did not legally consider a fetus to be an individual, the woman took her wrongful death case to court and through the appeals system. The result was the 2003 Texas Wrongful Death Act amendment that stated that viable fetuses were individuals and that the loss of such fetuses could result in a Texas wrongful death lawsuit.

In addition to a wrongful death suit, an accident victim may also have the option of suing for other damages, such as those related to the emotional trauma that comes with losing an unborn child in an accident. If you have been involved in a Texas accident that directly led to a miscarriage, speak to an experienced Dallas injury attorney today about your case.