Questions?What Is an Infant Wrongful Death Lawyer?
Infant wrongful death lawyers handle cases involving the loss of a baby that may be linked to medical negligence around the time of birth.
When a baby dies during childbirth, many families are left searching for answers and may never receive a complete explanation of what happened. An experienced lawyer can help uncover details that may not have been clearly explained.
“During the birth of our baby, things went very wrong and our baby ultimately passed away. We kept asking for a death certificate, but it was never given. Our infant wrongful death attorney was a huge help in navigating this complicated and painful process.”
– Family Helped by Our Infant Wrongful Death Lawyers
The Birth Injury Justice Center helps families move forward after birth injuries and unimaginable losses. Our network of birth injury attorneys serves families nationwide, no matter where the injury occurred.
As of 2026, our legal partners have recovered over $1 billion for families affected by birth trauma. If you believe your child’s death could have been avoided, we’re here to help. Start your free case review right now.
When a Lawyer May Be Needed After a Baby’s Death
Some families consider speaking with a lawyer when the answers they received do not fully explain what happened.
You may want to talk to an infant wrongful death lawyer if:
- Explanations about your baby’s death were unclear or changed over time
- Medical staff appeared concerned or rushed during labor or delivery
- An emergency C-section (cesarean section) was delayed or never performed
- Your baby needed resuscitation or was not breathing after birth
- A NICU stay followed due to serious or unexpected complications
- Warning signs during pregnancy or labor may not have been addressed
- Something about the care your baby received does not feel right
Skilled infant wrongful death lawyers have the experience and knowledge to determine if preventable medical errors may have played a role.
“You trusted the medical team to keep your baby safe, and if something went wrong, your family shouldn’t be left to face the consequences on your own.”
– Beth Carter, RN, On-Staff Legal Nurse Consultant Certified
Types of Cases That Infant Wrongful Death Lawyers Handle
Infant wrongful death lawyers handle cases involving serious complications during pregnancy, delivery, or newborn care. In the most severe situations, these cases involve injuries or medical conditions that a newborn is unable to survive.
These birth injury types are common causes of infant death:
- Bleeding in the brain: Trauma during delivery or complications of prematurity can cause bleeding inside a newborn’s brain, which may become life-threatening.
- Hypoxic-ischemic encephalopathy (HIE): A severe brain injury that occurs when the baby does not receive enough oxygen and blood flow around the time of birth.
- Spinal cord injury: Excessive force during a difficult delivery can damage the spinal cord and lead to severe neurological injury.
- Traumatic brain injury: Physical trauma during birth may cause skull fractures or other serious injuries to the baby’s brain.
If you have questions about whether your child’s death could have been avoided, our caring labor and delivery nurses are here to help. Connect with a registered nurse right now.
Beth has more than 18 years of specialized experience in labor and delivery. She’s available to hear your story and help you figure out the cause of your child’s injury — and what you can do next.
Talk to A Nurse Now
Call or chat with a caring, experienced nurse right now — we’re standing by to get you help and answers.
Qualities to Look for in Infant Wrongful Death Attorneys
Choosing an infant wrongful death lawyer after the loss of your baby is more than just a legal decision. It’s important to find someone who will handle your family’s case with care and understanding.
There are a few important qualities families often look for when deciding who to trust with an infant wrongful death case. Learn about what to look for below.
Experience With Birth Injury Cases
Infant wrongful death cases involve serious medical issues. Lawyers with experience in birth injury cases are better equipped to review what happened and identify possible concerns.
History of Success With Complex Legal Claims
Past birth injury settlements and trial verdicts can show whether a personal injury lawyer has experience with childbirth medical malpractice cases.
Access to Medical Experts
These cases often depend on expert review. The best infant wrongful death lawyers work with obstetricians and other specialists to evaluate the care provided.
“Birth injury attorneys work with medical experts to pinpoint where care fell short and connect it to the baby’s injury.”
– Ricky LeBlanc, Infant Wrongful Death Attorney at Sokolove Law
Clear Communication and Guidance
You should feel heard and respected. A good infant wrongful death lawyer will explain things clearly and treat your family with compassion.
There are also important deadlines to file a wrongful death claim, which vary by state and may be as short as 1 year. Experienced infant wrongful death lawyers can help families understand what timeframe may apply to their case.
No Upfront or Hourly Legal Fees
Many infant wrongful death lawyers work on a contingency basis, which means you do not pay unless your case results in financial compensation.
The Birth Injury Justice Center works with experienced infant wrongful death attorneys across the country, so families can get help no matter where they live in the U.S.
Our network of infant wrongful death lawyers has the experience, resources, and compassionate approach families can count on. See if you can connect with a qualified attorney — get a free case review right now.
Filing Newborn Wrongful Death Lawsuits
An infant wrongful death case often begins with a close review of the medical care your baby received. From there, infant wrongful death lawyers can determine whether a preventable mistake may have occurred and if filing a lawsuit is appropriate.
Generally, the steps in infant wrongful death include:
- Free case review: A trained legal professional listens to your story to see if medical negligence may have played a role.
- Case investigation: Infant wrongful death lawyers review pregnancy, delivery, and newborn care records to understand what happened.
- Evidence review: Medical experts examine the records to determine if doctors, nurses, and midwives followed the accepted standard of care.
- Filing the claim: Your infant wrongful death attorney files the lawsuit and handles the paperwork.
- Settlement discussions: Most cases are resolved through negotiations with the hospital or insurance company.
- Trial if needed: If a settlement is not reached, infant wrongful death lawyers continue to fight for you in court.
Every family’s situation is different, and an experienced birth injury lawyer can help explain the options available.
Find an Infant Wrongful Death Attorney Near You
The death of a child changes a family in ways that are hard to put into words. Every parent processes that loss differently, and there is no right way to cope.
Some families turn to counseling or lean on the people around them. Others feel a need to understand what happened and why.
If you believe medical negligence may have played a role in your baby’s death, speaking with a qualified infant wrongful death lawyer may help provide answers and peace of mind.
The Birth Injury Justice Center has partnered with experienced infant wrongful death lawyers who can help in all 50 states. So far, the lawyers in our network have secured more than $1 billion for families affected by birth trauma, and they may be able to help your family, too.
Call us right now at (800) 914-1562 or fill out our case review form to take the first steps toward justice.
Infant Wrongful Death Lawyers FAQs
Most infant wrongful death lawyers work on a contingency fee basis. This means you pay nothing up front, and the lawyer is only paid if your case results in financial compensation.
The lawyers we work with never charge upfront or hourly fees. Call us at (800) 914-1562 or Click to Live Chat right now to see if you can work with a top attorney near you.
Yes, you may be able to sue a hospital if medical professionals contributed to your child’s death.
If you lost your baby during pregnancy, delivery, or shortly after birth, infant wrongful death lawyers can help seek compensation to cover funeral costs, pain and suffering, and other burdens families face after this unimaginable loss.
Get a free consultation right now to find out if you may be able to take legal action.
Payouts vary widely depending on the circumstances of the case and state law. In some situations, infant wrongful death cases may result in multi-million dollar payouts.
In one Illinois case, a jury awarded a family over $17 million after their baby suffered catastrophic brain injuries and later died.
