Being pregnant is an exciting and life-changing experience, but it also brings with it physical and emotional challenges. One of the biggest fears for expectant mothers is the possibility of an accident, especially a car accident. Not only does a car crash present risks to your own health, but it could also pose serious dangers to your unborn child.
If you’re pregnant and involved in a car accident, it’s crucial to understand the steps you need to take to protect both your well-being and your legal rights. You may be entitled to compensation for injuries you sustain in the crash. But in cases involving pregnancy, there’s something else you need to know: you could have two separate personal injury claims. One is for your injuries, and the other is for the harm caused to your baby.
At 770GoodLaw, we understand the unique challenges of pursuing a personal injury claim while pregnant, and we are here to guide you through the process with compassion and expertise. In this blog, we’ll discuss the important steps you should take immediately after an accident, how you can pursue two separate claims, and the key issue of the statute of limitations when it comes to your child’s legal rights.
The Risks of Car Accidents During Pregnancy
Pregnancy is a delicate and complex process. Even a seemingly minor car accident can cause serious complications. The physical trauma from the impact of the crash can affect both the mother and the fetus in several ways, including:
Placental Abruption: This is a serious condition where the placenta detaches from the uterus, often leading to bleeding, preterm labor, or miscarriage. This can be caused by the sudden impact of a crash.
Premature Labor: A traumatic event like a car accident can sometimes trigger premature labor, especially if the woman is in the second or third trimester. Early labor can lead to the birth of an underweight or premature baby, which can lead to long-term health challenges for the child.
Fetal Injury: The force of an accident could cause injury to the fetus, including broken bones, brain injury, or internal bleeding. These injuries might not be immediately visible but could have long-term consequences.
Miscarriage: In severe cases, particularly in the early stages of pregnancy, the trauma from an accident could result in a miscarriage.
Because the potential consequences of an accident are so severe, it is absolutely critical for pregnant women to take immediate steps after a car crash to minimize any harm to themselves or their unborn children.
What to Do Immediately After a Car Accident
If you’ve been involved in a car accident while pregnant, your health should be your top priority. However, it’s also essential to take specific steps to protect your legal rights and ensure your case is handled properly. Here’s a step-by-step guide of what to do after the crash (car accident):
Seek Immediate Medical Attention
Even if you don’t feel any immediate pain or discomfort, you must seek medical attention immediately after the car accident. Some injuries, especially those related to pregnancy, might not be apparent right away. You may not notice issues like placental abruption, internal bleeding, or fetal injury, which can be life-threatening if left untreated.
Go to the hospital or visit your obstetrician as soon as possible for a full evaluation. This will not only ensure that you and your baby are healthy, but it will also provide documentation of your injuries, which is essential if you decide to file a personal injury claim later.
Document the Accident
If you are able to do so safely, try to gather as much information as possible from the scene of the accident. This can be crucial for your claim later. Some of the information you should collect includes:
– Photos of the scene of the accident, vehicle damage, and any visible injuries
– Contact information for any witnesses to the accident
– A copy of the police report, if one was filed
Also, document any symptoms you experience following the accident. If you feel pain, dizziness, or experience any pregnancy-related symptoms, make note of these issues and share them with your doctor.
Follow Your Doctor’s Instructions and Keep Records
In the aftermath of a car accident, it’s important to follow your doctor’s advice regarding your care. Attend all follow-up appointments, and make sure your doctor is aware of any issues or symptoms you’re experiencing as a result of the accident. Having clear medical records will help establish a connection between the car accident and any complications you experience.
Additionally, if you experience physical or emotional distress related to the crash, keep a record of these symptoms as well. This will help substantiate your personal injury claim later on.
Consult a Personal Injury Lawyer
Dealing with insurance companies and the legal process can be overwhelming, especially when you’re pregnant. An experienced personal injury lawyer can guide you through the complexities of filing a claim, negotiating with insurance companies, and ensuring your rights are protected. Since pregnancy-related accidents often require specialized legal knowledge, it’s important to work with an attorney who understands the nuances of such cases.
How Pregnant Women Have Two Separate Claims
One of the unique aspects of a car accident during pregnancy is that the mother may have two distinct claims: one for herself and another on behalf of her unborn child. These claims address different types of injuries and damages, and understanding both is crucial to receiving full compensation.
Your Personal Injury Claim
The first claim is for any injuries or damages you suffer as a result of the accident. This is a standard personal injury claim, but it takes into account the specific risks and complications associated with pregnancy.
Compensation in your personal injury claim can include:
– Medical Expenses: This includes the costs of any immediate treatment you receive, ongoing care related to your injuries, and any treatment necessary to manage pregnancy complications resulting from the crash.
– Pain and Suffering: This compensation covers physical pain, emotional distress, and the trauma of dealing with the aftermath of the accident, particularly if it leads to complications like preterm labor or a miscarriage.
– Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income due to the time you need to take off from work for medical treatments or recovery.
The Claim for Your Child
In addition to your personal injury claim, you may have a separate claim for your unborn child. If the accident causes harm to your fetus, you may be able to seek compensation for the injury sustained by the child. This includes:
– Fetal Injury: If the accident causes injury to the child, such as brain injury or broken bones, you can seek compensation for future medical treatments, therapy, and long-term care needs.
– Premature Birth: If the accident leads to premature labor, you may be entitled to compensation for the medical costs of caring for a premature infant and any long-term care or therapy the child may require.
– Miscarriage: In severe cases, the accident may result in miscarriage. If this happens, you may be able to seek compensation for medical expenses, pain and suffering, and emotional distress.
Statute of Limitations for the Child’s Claim
One important aspect of car accident claims involving pregnancy is understanding the statute of limitations, or the time frame in which a claim must be filed. For most personal injury cases, the statute of limitations is typically two years from the date of the accident. However, when it comes to injuries involving a child, the statute of limitations operates differently.
For injuries sustained by your unborn child, the statute of limitations generally doesn’t begin until the child reaches the age of 18. This means that if your child suffers injury as a result of the accident, you can file a claim on their behalf, even years after the accident, as long as the claim is filed before the child turns 18.
It’s important to consult with an experienced personal injury lawyer to ensure that you’re aware of the specific statute of limitations rules in your state.
How 770GoodLaw Can Help
At 770GoodLaw, we understand the emotional and physical challenges of recovering from a car accident while pregnant. Our experienced team of personal injury attorneys is dedicated to helping you get the compensation you deserve, both for your injuries and for the harm caused to your child.
If you or a loved one has been involved in a car accident while pregnant, it’s crucial to consult with an experienced personal injury lawyer as soon as possible. Don’t wait to get the help you need to protect your health, your future, and your child’s future.
Contact 770GoodLaw today at 770-466-3529 or visit https://770goodlaw.com to schedule a free consultation. We are here to help you every step of the way.
