Minneapolis Wrongful Death of the Unborn
Minnesota was the first state to include a cause of action for the wrongful death of an unborn child. An additional thirty-four states have joined Minnesota in allowing for a suit to be filed in the wrongful death of an unborn child.
The Minneapolis Wrongful Death Attorneys at Terry, Slane & Ruohonen are skilled litigators with a reputation for success in wrongful death cases. Contact us at 612-362-0000. We will work tirelessly for justice in your wrongful death case.
First Case of Wrongful Death of an Unborn Child
In 1949, Verkennes v. Corniea, 38 N.W.2d 838 (Minn. 1949), the Minnesota Supreme Court ruled on appeal, that where independent existence is possible and life is wrongfully destroyed, families have the right to sue the person at fault under Minnesota’s wrongful death statute. The Minnesota Statute 573.02, subdivision 1, states in part:
When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for an injury caused by the wrongful act or omission.
In a wrongful death of an unborn child claim, it is still up to the plaintiff’s counsel to prove the traditional elements of wrongful death:
- a human death occurred
- that death was caused by the wrongful act, negligence, omission of a person or corporation (as in car accident, medical malpractice, or defective product)
- financial or emotional loss was suffered by the beneficiaries due to the wrongful death
- the fetus was viable
Once the wrongful death has been proven, the family of the unborn child may be able to recover compensation for the following:
- medical expenses
- funeral expenses
- loss of care
- loss of companionship
Minneapolis Wrongful Death Attorney
Contact a Minneapolis Wrongful Death Attorney at 612-362-0000 if your family has suffered the heartbreaking loss of an unborn child. We will be gentle with you, aggressive with them.
