Can I Sue for Pregnancy Complications Following a Car Accident?
Yes. You can sue for pregnancy complications following a car accident if you can prove that the injuries you sustained from the collision led to further complications later.
If you or a loved one suffered injuries in a car accident while pregnant and later had complications during your pregnancy or birthing process, you may qualify to pursue compensation from a liable party. A car accident lawyer can help you build a case against the party or parties responsible for your injuries, then represent you in negotiation meetings or court.
Car Accidents Can Cause Further Injury to Pregnant Women and Affect Their Health
Pregnant women are physically and emotionally vulnerable due to the changes their bodies are going through to develop their babies. In addition, pregnancy can cause women to be immunocompromised since the stress surrounding their pregnancy, both physical and mental, weakens their immune system. This is why pregnant women have to take extra precautions to get around and keep their minds stress-free.
A 2014 study by CMAJ found that pregnant women have a 42 percent relative increase to suffering fetal-related injuries during the second trimester if they were involved in a motor vehicle accident. Furthermore, according to the report, “motor vehicle crashes are the leading cause of fetal death related to maternal trauma.”
Different Types of Injuries and Complications During Pregnancy
So, when a pregnant woman gets into a vehicle accident, the physical stress from the accident can injure the baby or cause other complications that might affect the baby’s health. Pregnancy complications and injuries may involve:
- Miscarriage or stillbirth can occur if the mother suffers severe physical injury or stress
- Premature labor or birth can occur if the mother faces acute stress
- Fetal head or brain trauma can occur if the baby experiences trauma inside the womb due to physical impact
- Placental abruption occurs when the placenta separates from the uterus
- Maternal-fetal organ damage, which can disrupt breathing or feeding functions to the baby
- Birth defects
If you or a loved one suffered any of these injuries after the car accident, you can work with a car accident attorney to hold the appropriate party or parties responsible for their negligence.
You Must Prove That the Accident Caused Your Pregnancy Complications
A significant component of building your case will involve gathering evidence to prove the correlation between the accident and complications. Your lawyer can retrieve specific evidence on your behalf to support your claims. Examples of evidence includes:
- The crash report
- Photos and videos of the accident as well as your injuries
- Medical records, particularly those from the OB/GYN
- Medical expert testimony, such as from an OB/GYN, surgeon, or primary care physician who can speak on what risks you went through in the accident and how it affected your baby
- Eyewitness testimony
- Ultrasound scans that show maternal-fetal injuries
You may include other types of evidence to prove your case, which your attorney will explain as they investigate your accident.
Pregnant Mothers Can Pursue Compensation for Their Damages
If you suffered pregnancy complications after being in a vehicle accident, you might qualify to pursue compensation for the following types of damages:
- Current and future medical expenses, including costs for unplanned, premature deliveries and emergency birthing procedures (e.g., Caesarean sections or C-sections)
- Property damage, such as to your vehicle
- Income loss, which includes loss of benefits and future income you might lose if your injuries put you out of work
- Pain and suffering and inconvenience
- Permanent disability or physical disfigurement
- Reduced quality of life
- Emotional distress, which includes depression, anxiety, insomnia, and mental trauma
You may qualify for other damages not listed here, as each accident case is unique to the victim. Your lawyer can go over your damages to calculate their financial value, then discuss how much compensation to pursue based on your total damages.
Wrongful Death Damages
Unfortunately, with the vulnerability pregnant women live with, the risk of losing the child is high—but so is losing the mother. If you lost a loved one, be it the mother or child or both, we want to extend our condolences for this great loss during what should have been a joyous period of your life.
Surviving family members can pursue compensation on behalf of the victim(s) and recover damages, such as:
- Funeral expenses
- Loss of consortium
- Loss of parental guidance
- Loss of companionship
- Loss of society
- Loss of financial support from the deceased mother
- Pain and suffering, including grief
A wrongful death lawyer can put your case together then present it to the insurance company or a jury, depending on whether you want to file a claim or lawsuit. Keep in mind that states differ on how long you have to file your case, so make sure to consult with your attorney on your case’s filing deadline.
A Car Accident Lawyer Can Explain More About Your Rights to Compensation
If you or a loved one experienced pregnancy complications after getting into a car accident, you might have grounds to sue the at-fault driver or another liable party. At Distasio Law Firm, we work hard to help our clients fight for the compensation they need to recover from their damages. In addition, we advocate for expecting mothers who have suffered injuries and other losses in car accidents.
Contact our law firm to receive a free consultation today.