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Do the survivors of unborn child have a right of action for wrongful death?

 

A: No, an unborn child who dies as a direct or proximate cause of someone else’s negligence does not constitute a person within the definition of a “person” of the Wrongful Death Act.  In order to be considered a person, the child must be born viably alive, and acquire a separate and independent existence from the mother. Therfore, there is no wrongful death action for an unborn child.




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Florida Child Injury Lawyer