Please check my answer thanks :)
I am really not sure on this one
What can a stillborn child's estate do with regqurds to lawsuits ?
1. Sue for wrongful death in most states?
2. Sue for wrongful death in only in a few states.
3. Can't sue for wrongful death in any states
4. Sue for wrongful death for intentional damages but not for damages caused by negligence.
I think it might be #4
I think #4 also!
Your attention is invited to Michigan law on wrongful death, and Oneill v Morse as case law in this.
To verify the correct answer, let's break down the options step by step:
1. Sue for wrongful death in most states? - To determine if a stillborn child's estate can sue for wrongful death in most states, we need to consider the legal status of stillborn children. In general, stillborn children are not recognized as legal persons in many jurisdictions. Therefore, it is less likely that the estate of a stillborn child can sue for wrongful death in most states.
2. Sue for wrongful death in only a few states - This option suggests that the estate of a stillborn child can sue for wrongful death, but only in a few states. However, it is important to note that the legal recognition of stillborn children varies by jurisdiction. Without a specific list of states where such lawsuits are allowed, it is challenging to determine if this option is accurate.
3. Can't sue for wrongful death in any states - This option suggests that the estate of a stillborn child cannot sue for wrongful death in any states. This may be a possible answer considering that stillborn children are not generally recognized as legal persons, and thus, the estate may not have the legal standing to file a wrongful death lawsuit.
4. Sue for wrongful death for intentional damages but not for damages caused by negligence - This option acknowledges that the estate of a stillborn child can sue for wrongful death if the damages were intentional, but not if they were caused by negligence. However, the ability to sue for wrongful death can vary by jurisdiction, and it is challenging to generalize this option without considering specific state laws.
Upon evaluating the options, it is reasonable to conclude that option #3 - "Can't sue for wrongful death in any states" - is the most accurate answer. Stillborn children are generally not recognized as legal persons, and therefore, their estates may not have the ability to sue for wrongful death.