The emotional toll of losing a pregnancy after an accident is profound, leaving families searching for answers during an already overwhelming time. In Florida, the legal path forward is not always intuitive. While the law does not typically recognize a traditional wrongful death claim for a stillborn fetus, it does provide other avenues for parents to pursue accountability and compensation.
Understanding how these claims work—and how they differ from standard wrongful death cases—is critical when evaluating your legal options.
Florida Law and the Death of an Unborn Child
Florida’s wrongful death statute applies when a “person” dies as a result of negligence. Courts in Florida have historically interpreted this definition to exclude a fetus that is not born alive. As a result, families generally cannot bring a wrongful death claim solely on behalf of an unborn child.
However, that does not mean there is no legal remedy.
The Florida Supreme Court has recognized a separate legal claim often referred to as negligent stillbirth. Instead of treating the loss as the death of a separate legal person, the law allows parents—particularly the mother—to pursue a direct claim for the physical and emotional harm caused by the loss of the pregnancy.
Legal Remedies After Pregnancy Loss in Florida
When negligence leads to the loss of a pregnancy, the legal claim is typically structured around the harm suffered by the parents rather than a wrongful death claim for the fetus.
1. Medical and Emotional Documentation
Seeking immediate medical care creates a clear record of the physical trauma and pregnancy loss. Follow-up care—including counseling or psychological treatment—can also play an important role in documenting emotional damages tied to the incident.
2. Filing a Negligence-Based Claim
Most cases proceed as a negligence claim against the responsible party. Depending on the circumstances, this may involve:
- A personal injury claim (for example, after a car accident)
- A medical malpractice claim (if the loss resulted from substandard medical care)
- A premises liability claim (if unsafe property conditions caused the injury)
The legal theory focuses on how the defendant’s actions caused injury to the mother, resulting in the loss of the pregnancy.
3. Understanding Why Wrongful Death May Not Apply
In traditional wrongful death cases, compensation is tied to the loss of a legally recognized decedent. Because Florida law generally does not treat a stillborn fetus as a “person” under the wrongful death statute, those claims are typically not available.
Instead, the case must be framed around the parents’ direct injuries.
Common Causes of Pregnancy Loss in Negligence Cases
A variety of incidents can lead to traumatic pregnancy loss. Some of the most common include:
Motor Vehicle Accidents
Collisions can expose pregnant women to significant physical trauma, including conditions like placental abruption or internal injury. Liability typically falls on the at-fault driver and their insurance carrier.
Medical Negligence
Healthcare providers must follow accepted medical standards when treating pregnant patients. Failures in monitoring, diagnosis, or timely intervention can lead to preventable pregnancy loss.
Examples may include:
- Failure to monitor fetal distress during labor
- Delayed emergency cesarean section
- Misinterpretation of diagnostic tests
- Ignoring serious maternal symptoms
These cases usually require expert medical testimony to establish that the provider’s conduct fell below the accepted standard of care.
Types of Damages Available in Florida
Because these claims are not traditional wrongful death cases, the available damages are different and more limited in scope.
Medical Expenses
Compensation may include costs associated with emergency care, hospitalization, follow-up treatment, and pregnancy-related medical services tied to the incident.
Mental Pain and Anguish
A central component of these claims is the emotional impact of the loss. Florida law recognizes the significant psychological harm parents experience following a negligent stillbirth.
Additional Damages in Certain Cases
If the mother suffered separate physical injuries beyond the pregnancy loss, additional damages—such as lost wages or ongoing medical care—may be available. These depend on the specific facts of the case and are not automatic in every claim.
Product Liability Considerations
In some cases, a defective product may contribute to the incident. This could involve:
- Faulty vehicle safety systems (such as seatbelts or airbags)
- Defective medical devices used during pregnancy or labor
Product liability claims may allow families to pursue compensation from manufacturers or distributors whose products contributed to the injury.
Who Can File a Claim?
Because these cases focus on harm to the parents, the biological mother is typically the primary party bringing the claim. The father may also have a claim for emotional damages, depending on the circumstances.
Unlike traditional wrongful death cases, there is generally no estate established for the unborn child, so the claim does not proceed through a personal representative.
Statute of Limitations in Florida
Strict deadlines apply to these cases:
- General negligence claims: Typically must be filed within two years of the incident
- Medical malpractice claims: Generally must be filed within two years of when the negligence was discovered or should have been discovered, subject to additional legal requirements
Medical malpractice claims in Florida also involve pre-suit procedures, including investigation requirements and notice to the healthcare provider, which can affect timing.
Failing to act within the applicable deadline can prevent you from recovering compensation.
Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Just One Phone Call Away
Dealing with the complicated legal system while grieving an unimaginable loss is a weight that no family should ever have to carry alone. You need a dedicated legal advocate who will aggressively pursue the maximum compensation available, allowing you the necessary space and peace of mind to heal. Holding careless corporations and reckless individuals accountable requires detailed evidence collection, sharp negotiation skills, and a willingness to take the fight directly to civil court.
At Brandon J. Broderick, Attorney at Law, we pride ourselves on delivering compassionate, relentless representation for victims facing the darkest moments of their lives. Our legal team will handle every aspect of your claim with the utmost respect, transparency, and professionalism.
Contact us today for a free consultation to discuss your specific case, evaluate your legal options, and begin the process of securing the damages for the death of an unborn child in Florida your family truly deserves.