Who Can File a Claim After an Infant Wrongful Death?

An infant wrongful death can be extremely challenging to overcome. As the parent who just lost a child, you may wonder what options you have that allows you to take legal action. It’s crucial to recognize who is eligible to file a lawsuit against a negligent party for an infant wrongful death.

The Parents

Like all wrongful death claims, the law allows the next of kin to file a lawsuit against negligent medical professionals. When it comes to an infant wrongful death, the parents are the most common parties who can take legal action.

The parents are the parties most impacted by the loss. The law recognizes the losses that the parents experience and helps them file a claim for the suffering they have experienced.

If your infant suffers a fatal injury due to doctor negligence, you have rights.

The Grandparents

Grandparents may have rights to file a lawsuit in cases where the infant suffers fatal injuries, only if:

  • The mother also suffers fatal injuries because of negligence and dies during labor or delivery, or shortly after that
  • The biological father is not present for the mother during pregnancy and does not have parental rights

In these situations, grandparents need to speak with legal counsel to determine what options they have.

The Problems with a Claim

Filing a claim can be challenging in certain circumstances when the cause of death is not directly related to the doctor’s actions. For instance, if you suffer trauma during your pregnancy—such as in a car accident—and experience a miscarriage or stillbirth, the doctor is not responsible for the loss.

You must speak with a legal advocate who can help you understand what options you have. At Beam Legal Team, we’re committed to guiding you through the process, so you know what to expect. Our Chicago birth injury lawyers are prepared to safeguard your rights from start to finish.

Call us at (866) 766-3806 to discuss your rights.

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