In a decision handed down last month, the Alabama Supreme Court ruled that a woman can sue over the death of her fetus. The wrongful death claim arose out of a car wreck in 2007 and involved the death of an unborn child who couldn’t have lived outside the womb. This decision expands the legal rights for people to sue over the death of fetuses before they are viable. The car in which the Plaintiff was riding was involved in a crash in 2007 and a lawsuit was filed that involved a wrongful death claim. The Plaintiff was badly injured and suffered a miscarriage. She settled her individual claims, but the trial judge dismissed her wrongful death claim against one of the drivers last year. The judge said the Plaintiff couldn’t sue because her unborn child couldn’t live outside the womb. The justices overturned that ruling and in a case of first impression allowed the case to go forward.
Source: Associated Press
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