Unborn Child Killed In I-75 Florida Highway Crash: Does The Family Have Rights?

The Friday morning commute turned deadly on Miami-Dade County when a wrong way driver on I-75 took the life of a man, his pregnant wife and their unborn child.
 
The fatal Florida car accident occurred just before 5 a.m. on Friday, August 19 in the southbound lanes of I-75 in Hialeah near the near the W. 138th Street exit. The couple were passengers in a Nissan when a Honda accord travelling against traffic crashed into their vehicle.
 
What are a family's rights when an unborn child dies in Florida car crash?
 
Under Florida wrongful death law, a fetus is not considered a person and a parent cannot file a claim for wrongful death or loss of companionship.  However, Florida law does treat the death of a fetus as an injury to the mother.  If a mother loses her unborn child in a Florida car crash, she may file a claim for personal injury.
 
When both the mother and child die, the law is less clear.  A husband may certainly a wrongful death claim for the loss of his spouse in a Florida highway accident.  However, the law regarding obtaining compensation for the loss of the unborn child in a Florida car crash is ambiguous.
 
If you have lost a loved one to a negligent driver, you deserve accountability. Discuss your claim with a personal injury attorney in West Palm Beach. Contact the Law Offices of Craig Goldenfarb at 800-GOLD-LAW.