According to a report from ABC 17, a wrongful death lawsuit has been settled. The expectant mother of an unborn baby brought the claim after losing her unborn child in the crash. Our Kansas City wrongful death attorney can help you if you have suffered the loss of a loved one in a car accident in Missouri.
Car Accident Wrongful Death Settlement Reached (Loss of a Fetus)
As confirmed by ABC 17, a wrongful death lawsuit tied to a Randolph County crash has been resolved through a proposed $25,000 settlement. The claim was filed after a November 8, 2025, crash in which a pregnant passenger lost her unborn child. Missouri State Highway Patrol investigators reported that the crash occurred when a driver failed to yield while crossing Highway 63 at Randolph County Road 2610. Notably, the at-fault driver, a 19-year-old male, was also arrested and charged with intoxicated driving. He reportedly had a blood alcohol concentration (BAC) that was just below the legal limit for “of age” motorists, but well above the limit for underage drivers.
Missouri Law Recognizes Wrongful Death Claims for the Loss of an Unborn Child
Missouri law allows a wrongful death claim when a negligent or wrongful act causes the death of an unborn child. The statute is Missouri Revised Statutes § 537.080. It authorizes civil recovery when the death of a person results from negligence, recklessness, or other wrongful conduct. Missouri courts interpret the term “person” broadly in this context. State law recognizes that a wrongful death claim may arise from the death of an unborn child, including circumstances where the fetus was not yet born alive at the time of the fatal injury.
Understanding Eligibility to Bring this Type of Wrongful Death Claim
Missouri’s wrongful death statute establishes a priority structure that determines who may file the claim. In cases involving the loss of an unborn child, the parents typically hold the primary right to pursue the lawsuit. The statute places spouses, children, and parents in the first class of eligible claimants. Of course, an unborn child does not have a spouse or children. For that reason, parents generally bring the claim on behalf of the deceased child. However, if no eligible claimant exists within the first statutory class (such as if the unborn child’s parents were also killed in the accident), Missouri courts may allow other family members to pursue the action.
Get Help From a Kansas City Wrongful Death Attorney
At House Law LLC, our Kansas City wrongful death lawyer is a compassionate, experienced advocate for justice. If you have any legal questions about bringing a wrongful death claim on behalf of an unborn child, please do not hesitate to contact us today for a free, confidential consultation.
Tags: brain injury, personal injury, traumatic brain injury
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