Can I file a Texas wrongful death lawsuit for the death of an unborn child?

November 12, 2009

In Texas it is possible to bring a wrongful death lawsuit after the death of an unborn child. The state’s wrongful death act was specifically amended in 2003 to include unborn children as “individuals” within the meaning of the statue.

For purposes of a Texas wrongful death lawsuit, an unborn child is considered an individual at every stage of development, from fertilization to birth. However, the plaintiffs in a Texas wrongful death lawsuit must show that the mother was pregnant at the time of the individual’s deaths.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal advice on Texas wrongful death lawsuits, simply email us at or call our toll-free number at 1.866.705.7584.

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