What to Know About Filing an Injury Claim While Pregnant
Posted on behalf of Lynch Law Firm on April 11, 2022 in Car Accident News
If a pregnant woman is involved in a car crash, she is at a greater risk of suffering a severe injury. Even minor car accidents that would generally cause only minor injuries could cause a pregnant woman serious harm.
Due to the severity of the injuries pregnant women may experience in a crash, it is important to seek legal help without delay. It can benefit you to have a knowledgeable legal representative on your side who is prepared to help you recover maximum compensation.
Our New Jersey car accident lawyers have decades of experience helping injury victims pursue the compensation they need. During that time, we have successfully recovered millions on behalf of our clients. The consultation is free and there are no upfront fees.
WHAT ARE THE RISKS ASSOCIATED WITH CAR ACCIDENTS AND PREGNANCY?
According to the Center for Disease Control and Prevention (CDC), motor vehicle accidents are a leading cause of injury and death for expectant mothers. The risks for serious injury increase throughout each trimester of pregnancy. In the U.S., roughly 200,000 pregnant women are involved in a crash every year.
There are some increased risks for greater injury in a crash during the first twelve weeks of pregnancy. However, the possibility for severe maternal or fetal trauma grows by 42 percent in the second trimester, increasing the likelihood of a pregnant woman suffering:
- Placental abruption
- Loss of fetus
- Preterm delivery
Women in their third trimester of pregnancy are more likely to experience serious injuries and complications during delivery, including:
- Excessive bleeding
- Direct fetal trauma
- Uterine rupture
- Maternal shock
These types of extensive injuries may require induced labor, resulting in the premature birth of a child. Depending on how far along you are in your pregnancy, your child could experience life-long health complications or death shortly after a live birth.
WHAT COMPENSATION MAY BE AVAILABLE FOR PREGNANT INJURY VICTIMS?
Car crash injuries pregnant women experience may require immediate and long-term medical care, such as:
- Ambulatory services
- Emergency surgery
- Lab tests
- Gynecology visits
- Obstetrical consultation
- Fetal assessment tests
- Fetal monitoring
You have the right to pursue compensation for costs related to the crash as these medical treatments and services are not free or cheap.
As a no-fault state, New Jersey injury victims must first file a claim with their own insurance company to recover compensation for economic damages, like medical bills. However, if those damages are more than your coverage limits, you may be able to pursue compensation from the at-fault driver’s liability insurance.
Pregnant injury victims may also be able to claim compensation for their non-economic damages from the liability insurance policy. This includes things like pain and suffering.
New Jersey does not allow pregnant injury victims to file a wrongful death claim for their unborn fetus. However, you may be able to recover compensation for your emotional damages if the crash caused you to suffer a miscarriage.
Pregnant accident victims whose babies are born alive but die due to injuries associated with the accident may be able to file a wrongful death claim in New Jersey.
CAN I FILE A LAWSUIT IF I AM INJURED IN A CRASH WHILE PREGNANT?
Whether you can file a lawsuit in New Jersey after a car accident may depend on your insurance coverage. Drivers who have a basic policy may not have the right to sue for non-economic damages. They may only be able to recover compensation for their economic costs through their own Personal Injury Protection (PIP) insurance. Those who have standard coverage may choose a limited right to sue policy to reduce premium costs. Only drivers with a standard policy and the unlimited right to sue option have the ability to file a lawsuit. With this coverage, injury victims may pursue compensation for the damages suffered in an accident caused by someone else’s negligence.
However, there are some exceptions to these rules about who has the right to sue. Pregnant injury victims with a basic policy or a limited right to sue option may still be able to file a lawsuit if the crash resulted in the loss of a fetus.
Therefore, if you are injured in a crash and suffer a miscarriage as a result, you may be able to file a lawsuit. If eligible, you would be able to pursue compensation for your economic and non-economic damages.
CALL A KNOWLEDGEABLE ATTORNEY TODAY
If you or a loved one were injured in an accident while pregnant, you should speak to an attorney as soon as possible. Our attorneys know the law and are ready to help you file a claim to pursue the compensation you need.
We do not charge you anything while we work on your case, and we only get paid if we win.
Call (800) 518-0508 to schedule a free consultation.