Harris County Wrongful Death Attorney J. Gonzalez
by Chris Von Wald | August 8th, 2025 | Blog, Fatal Crash, Hit-And-Run, Lawsuit, Wrongful Death
Can a wrongful death claim be brought on behalf of an unborn child if the fetus is killed by another party’s negligence?
In Texas, a parent can file a wrongful death claim if a fetus is negligently killed from the moment of fertilization until birth. This is laid out by the Texas Wrongful Death Act. If both mother and fetus are negligently killed, the claim can be brought by the surviving spouse. Children, and other immediate family members of the deceased mother typically have the right to file a wrongful death suit as well.
Key Aspects of Texas Wrongful Death Law
The Texas Wrongful Death Act recognizes that parents have rights regarding their unborn child from the moment of conception until birth.
The Texas abortion law protecting the fetus from abortion is a separate issue not discussed here.
Elements of a Wrongful Death Claim
To establish a wrongful death claim for an unborn child, a plaintiff must prove that the wrongful act or neglect of another party directly caused the death of the unborn child. The plaintiff must provide medical or other evidence that the mother was pregnant at the time of the unborn child’s death.
When a Claim May Be Possible
A wrongful death claim on behalf of a fetus is possible when the death results from negligence by healthcare providers, such as medication errors, failure to manage high blood pressure, or mishandling of labor and delivery.
If a mother dies from an infection (sepsis), severe bleeding, or complications from high blood pressure that went unrecognized or untreated, it may indicate negligence.
A wrongful death claim could involve manufacturers of defective medical devices used during pregnancy or childbirth.
Fetal deaths caused by traumatic events, like car accidents due to another driver’s negligence, falls, or violent attacks, could also lead to a wrongful death claim.
What Damages Can Be Recovered
A plaintiff can recover economic damages including compensation for medical expenses incurred before death, funeral, and burial costs, and any lost income the mother would have provided for her family.
The plaintiff can also seek non-economic damages for emotional suffering, pain, and loss of companionship experienced by the family.
Consult the J. Gonzalez Law Firm
Building a credible claim for the death of an unborn child can be extremely complicated. For this reason alone it is essential to speak with an experienced wrongful death attorney at the J. Gonzalez Law Firm.
We have decades of experience with the most-complex of cases. We will carefully examine your case and help you understand your legal options and the specific laws that come into play here in Texas.
We will gather crucial evidence, such as medical records, the pregnancy documentation, and the causal link between the defendant’s actions and the loss of the fetus.
We will navigate the complexities of your case, including legal procedures and the statute of limitation so that you don’t have to deal with the legal burdens on top of mourning the loss of your precious unborn child.
Contact us via this website or by calling 1-800-CAR-CRASH.
Pregnant mother and fetus killed, teen passenger hospitalized after head-on crash in NE Harris County
By: Benjamin Treviño
HARRIS COUNTY – Investigators report that a pregnant mother and her fetus were killed August 7 in a crash in northeast Harris County.
The crash happened in the 12300 block of Tidwell at CE King Pkwy, a little after 8:30 p.m., according to a news release.
Deputies stated that a woman in her 20s was driving a red Mustang when her car was struck from behind by a truck. The impact sent her vehicle into oncoming traffic causing a head-on crash with another truck hauling a trailer.
The unidentified pregnant woman was pronounced dead at the scene. A teenager, also in the car, was rushed to a hospital in unknown condition.
As of this writing, authorities were still searching for the driver of the truck that struck the woman’s vehicle.