You may sue for pregnancy complications following a car accident. Your lawyer will need to show that the complications resulted from your crash and that the resulting complications resulted in a serious injury pursuant to the Insurance Law. They may do so by:
- Speaking with your doctors
- Obtaining official accounts of medical professionals
- Proving the negligence of the person who caused your crash
You and your child may both deserve compensation.
Which Complications Can Occur After a Car Collision?
Mayo Clinic notes that trauma is the cause of 80% of fetal deaths. Exposure to trauma in a car crash, therefore, may cause a high likelihood of complications. You are well within reason to assume that the collision caused your pregnancy complications.
Mayo Clinic adds that motor vehicle crashes cause 50% of blunt trauma cases in pregnant women. When you are in a collision while pregnant, complications may include:
- Fetal death
- Miscarriage
- Shearing of the placenta from the uterine wall
- Uterine rupture
- Vaginal bleeding
- Rupture of membranes
- Uterine contractions
- Health problems in the mother that cause harm to the child
As a mother, you may experience other symptoms. Headache, nausea, and abdominal pain may signal serious health problems. Your lawyer may cite these symptoms as they argue that your crash caused your complications.
Effects of Pregnancy Complications
Complications during pregnancy may lead to fetal brain damage and various birth defects. You may sue for any such complications and defects after your crash.
Though you may not sue for an unborn child’s wrongful death in New York, you may still be entitled to significant damages.
How do We Prove That the Collision Caused Your Complications?
Medical professionals may be a key piece of your case. One or more doctors may establish that:
- Your collision was the most likely cause of your pregnancy complications, or:
- Your car accident was the certain cause of your pregnancy complications
Our team and the experts we hire may use several tools to prove your case. Medical records, exhibits, and studies may all be useful.
What Recoverable Damages are There When a Car Accident Causes Pregnancy Complications?
Recoverable damages for your crash may fall into two general groups:
- Damages that affect you as a mother (or parent)
- Damages that affect your child
Both categories may include significant losses.
Damages That You May Experience
Your car crash and resulting complications may necessitate coverage for:
- The physical pain and emotional anguish you experience from your injuries and complications
- Psychological trauma caused by complications (and any resulting problems like birth injury)
- The cost of medical care for you and your child
- The cost of raising a child with a serious birth injury
- Lost income
- Lost earning power
- Treatment for your trauma
- Diminished quality of life
We will survey all your losses, as well as your child’s losses.
Damages That Your Child May Experience
Your child may suffer damages of their own, particularly if your pregnancy complications caused their injuries. Your child’s recoverable losses may include:
- Pain and suffering
- Emotional anguish
- Lost quality of life
Your child’s losses will be non-economic in nature. They may nonetheless warrant compensation.
Who Is Responsible for Your Losses?
One or more parties may be liable for both your losses and your child’s damages. The facts of your car crash will determine who is liable. Liable parties in collision cases may include:
- A car, SUV, or truck driver
- The employer of a motorist who caused the wreck
- The manufacturer or seller of a defective vehicle (new or used)
- The manufacturer of a dangerous vehicle component
- A governmental body in charge of road conditions
- A motorcyclist
- An institution that overserved a drunk driver
- A rideshare driver
Multiple parties may be liable for your damages.
What If You Are Partially Liable for the Crash?
New York allows you to pursue compensation even if you are partially at fault for a car crash. CVP §1411 allows you to seek damages equal to a party’s liability.
For example, if you are 30% liable for your crash, then you may generally seek compensation for up to 70% of your damages from another liable party.
Should You Hire Legal Representation for a Case Involving Pregnancy Complications?
You generally should. Auto accident cases involving pregnancy complications can be hard to navigate. Medical terminology alone can be difficult for the average collision victim to understand. Our firm can work directly with medical experts, allowing you to focus on recovery.
Our firm can also:
- Identify every liable party
- Determine the total cost of your damages
- Determine how much each liable party owes you
- Develop a strategy for your case
- File your lawsuit
- Hire experts, investigators, and other third parties
- Interview witnesses to the crash
- Document your losses
- Handle administrative aspects of your case
- Complete settlement negotiations
If we do not secure a settlement, we may seek awards at trial.
What Are the Risks of Handling Your Case Alone?
It may not be feasible for you to handle your case alone. Health problems, your child’s needs, and legal inexperience may discourage you from handling your case. If you handle your case without our help, then you may:
- Suffer health setbacks
- Compromise your child’s recovery
- Become overwhelmed by stress
- Suffer psychologically and emotionally
- Be ineffective as you try your case
Even if you feel that you have the necessary time and attention, hiring a lawyer from our firm could provide several benefits. We will resolve your case at no upfront cost. Meanwhile, you can dedicate all the necessary time to your family.
Do Not Wait to Call Rosenberg & Gluck, L.L.P.
Per CPLR § 214, you generally have three years to file your personal injury case in New York. This is not a long period of time, especially when you are dealing with the aftermath of pregnancy complications. There may even be exceptions that could drastically shorten the deadline, such as suing a municipality.
Our firm will start your case as soon as possible. We must first hear from you. Call Rosenberg & Gluck, L.L.P. today at (631) 994-1910 for a FREE consultation. Our team will fight for the awards that you deserve. We also assist clients in Spanish.
