Infant Wrongful Death

Infant Wrongful Death Attorney in California

Trial-Ready Advocacy After the Preventable Death of a Baby

An infant wrongful death claim seeks accountability when wrongful conduct causes the death of a baby who was born alive. Carpenter & Zuckerman represents California families in wrongful death and medical malpractice matters, including cases involving injuries during birth and other negligent care.

We’ve represented injury victims across California since 1995. With more than 40 attorneys and over 20,000 cases handled, we have the resources to examine complicated medical and factual questions without presuming that negligence caused an infant’s death.

Families may be managing medical records, funeral arrangements, insurance communications, and unanswered questions at the same time. We can review the available information, explain whether the circumstances warrant further investigation, and identify potential next steps.

Speak with our infant wrongful death lawyers in California about your family’s circumstances. Call (888) 484-2033 to request a free consultation.

Investigation After an Infant’s Death

An investigation may be appropriate when evidence suggests that negligent care, an unsafe product, or another preventable event contributed to an infant’s death. Questions may center on complications during delivery, treatment after birth, or the safety of a product or environment.

Our wrongful death practice includes matters involving:

Negligent medical care and delivery-related injuries
Motor vehicle, pedestrian, and bicycle accidents
Defective products
Unsafe property conditions

Medical Negligence During or After Delivery

Delivery-related harm may involve oxygen deprivation, brain bleeds, skull fractures, spinal cord injuries, or fractures and dislocations. We also handle cases involving shoulder dystocia, which occurs when a baby’s shoulder becomes lodged during birth, and hypoxic-ischemic encephalopathy, a brain injury caused by insufficient oxygen and blood flow.

The evidence may point to several potentially responsible parties:

Obstetrician-gynecologists
Labor and delivery nurses
Anesthesiologists
Hospitals and birthing centers
Medical corporations
Pharmaceutical companies in cases involving defective drugs or medical devices

Proving a Connection to Wrongful Conduct

Partner Robert J. Ounjian handles litigation involving negligent health care, with an emphasis on delivery injuries. His case results include a wrongful death settlement involving a hospital-acquired infection that wasn’t timely diagnosed and treated following delivery.

A diagnosis such as sudden infant death syndrome isn’t, by itself, proof of wrongful conduct. A viable case requires evidence that another person or organization caused or contributed to the death.

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Building an Infant Wrongful Death Case

Claims involving negligent medical care require evidence connecting a provider’s conduct to the infant’s harm and death. The investigation often includes records from before, during, and after delivery. Those materials can establish the care provided, the timing of complications, and the parties involved.

We obtained a $74.53 million settlement in a medical malpractice case involving a birth injury. Past results don’t determine the value or outcome of another case, but this result reflects our ability to develop complex delivery-related litigation.

Founding attorney John C. Carpenter has more than 30 years of experience, and his practice includes wrongful death matters. We prepare every case as if it’ll proceed to trial while pursuing a negotiated resolution when appropriate. Throughout the process, we keep clients informed about the case's progress and the decisions ahead.

Who May Bring a California Infant Wrongful Death Claim?

California permits a claim for an infant who was born alive and later died when the legal requirements are satisfied. State law doesn’t permit this type of action for the death of an unborn child, including a viable fetus. This distinction can make the facts surrounding birth and death legally significant.

California Code of Civil Procedure Section 377.60 identifies the people who may qualify to file. They can include:

A surviving spouse or domestic partner
Children of the deceased person
Issue of deceased children, such as qualifying grandchildren
Certain people who depended on the deceased person

The statute’s broader categories don’t mean that every listed relationship applies to the death of an infant. Whether a parent or another family member may file depends on the family’s legal circumstances and the facts surrounding the death.

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“They set me up perfectly to help get me the best results I could ask for.”
My attorneys Pej and Mario were absolutely amazing. They made everything easy for me handling everything very well. They set me up perfectly to help get me the best results I could ask for. Truly appreciate all their hard work!!

- Neena Z.

Discuss Your Family’s Loss in a Confidential Consultation

An initial consultation gives your family an opportunity to describe what happened and discuss the records currently available. Our baby wrongful death attorneys in California can assess whether the circumstances warrant an investigation and explain the legal process.

At Carpenter & Zuckerman, we handle wrongful death cases on a contingency fee basis. You don’t pay legal fees unless we successfully resolve your case.

Let Carpenter & Zuckerman provide the compassionate legal guidance and strong advocacy your family deserves. Speak with an experienced infant wrongful death attorney in California today. Call (888) 484-2033 or contact us online to schedule a consultation.

Potential Compensation After an Infant’s Wrongful Death

California law may allow economic and non-economic damages, but no category or amount is automatic. Available compensation depends on the evidence, the legal basis for the case, and the family’s circumstances.

Potential recoverable losses include:

Funeral and burial expenses: Reasonable costs associated with laying the infant to rest.
Financial losses: Household services and expected gifts when supported by the evidence.
Loss of relationship: The loss of care, companionship, love, affection, moral support, and guidance.

California generally doesn’t cap non-economic damages in wrongful death cases. Claims against health care providers are governed by separate statutory limits, so the nature of the alleged wrongdoing can affect which rules apply.

California Filing Deadlines

Most California wrongful death actions must be filed within two years of the date of death. When negligent medical care caused the death, the deadline is generally three years from the date of injury or one year from discovery, whichever occurs first. Cases involving a government entity or employee commonly require an administrative claim within six months of the death.

These are general rules, and exceptions or different calculations may apply. Deadlines for negligent care and delivery-related injuries can depend on when the harm occurred, when it was discovered, and other case-specific facts. Families shouldn’t assume that the longest period controls.

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By submitting, you agree to receive text messages from Carpenter & Zuckerman at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy