Can a wrongful death action be filed for an unborn baby?

Each state has a different law relating to this particular situation. However, in general, most states require a child to be born alive before its death may be the subject of a wrongful death lawsuit. In some places, the death of a fetus may not be actionable. An attorney would be able to advise one of the law in the state in which one lives. In Texas, most situations will allow a wrongful death action for the death of a fetus unless the death is caused by medical negligence.