If a collision causes a miscarriage, the mother can file a car accident claim against the at-fault party to pursue compensation. She could claim money for the losses caused by the crash, including medical expenses, pain and suffering, and emotional distress.
Dealing with a miscarriage is intensely challenging. Emotional and legal support is critical for coping during this upsetting time.
What Types of Car Accident Injuries Could Lead to a Miscarriage?
Car wrecks can result in many different kinds of injuries, but certain types are particularly concerning for pregnant women. Typical car accident injuries that could lead to a miscarriage include:
- Blunt force trauma injuries – These injury types occur when the abdomen hits the steering wheel, dashboard, or another hard surface. The impact can cause placental abruption, where the placenta detaches from the uterine wall and leads to a miscarriage.
- Uterine rupture – Compression of the abdomen between two surfaces, such as the seatbelt and the seat, can put significant pressure on the abdomen during a collision. While seatbelts are crucial for safety, improper positioning can cause harm. The lap belt should sit below the belly, not across it. Incorrect use can cause significant pressure on the abdomen during a collision.
- Pelvic trauma – Fractures or severe trauma to the pelvic region can have direct consequences on the uterus and the fetus.
- Internal bleeding – Blunt force trauma can cause internal bleeding, which might not be immediately apparent. This bleeding can lead to a decrease in oxygen and nutrient supply to the fetus, resulting in a miscarriage.
- Stress and shock – Stress combined with physical injuries after a car accident can induce premature labor. This can potentially cause health risks for the baby, including long-term developmental issues.
What Should You Do If You’re in a Car Crash While Pregnant?
If you’re pregnant and involved in a motor vehicle accident, it’s vital to take immediate action to protect both your health and legal rights.
After a car crash during pregnancy, you should:
- Seek immediate medical attention – Even if you feel fine, get a thorough medical examination to check the baby’s health, as certain complications might not be immediately apparent. Inform the treating healthcare providers about your pregnancy so they can conduct further testing and provide necessary treatment. Keep all paperwork about injury-related care.
- Document the accident – If possible, take notes, photos, and videos of the crash scene and gather contact information from witnesses and involved parties.
- Report the accident – If law enforcement is not yet at the site, notify them and your insurance company about the collision. Avoid making statements or assumptions about fault for the crash.
- Consult a lawyer – Call a Connecticut car accident lawyer to understand your legal options and protect your rights. They can investigate the collision, determine liability, collect evidence to support your claim, and negotiate maximum compensation to cover your losses.
Can a Miscarriage from a Car Accident Be Considered a Wrongful Death?
Some states allow a wrongful death claim for a miscarriage resulting from a car accident. In Connecticut, the standard for pursuing a wrongful death lawsuit after a miscarriage may depend on whether the mother felt the fetus move yet or if the fetus was viable and likely to survive. Proving these facts will take substantial, compelling evidence.
Prior cases of wrongful death involving miscarriage have been unclear and complicated. If you suffered a miscarriage as a result of a car crash caused by someone else, it is wise to hire a lawyer to determine whether this kind of claim is possible in your situation and to handle your case. Contact our Hartford car accident lawyer today.
How Do You Prove the Other Driver Was At Fault for Causing a Miscarriage?
Proving fault in a car accident case requires thorough evidence gathering and legal guidance.
Your lawyer will collect various pieces of evidence to support your claim, including:
- Police report – The report from the responding officers can provide crucial details about the collision and potentially indicate who was at fault.
- Witness statements – Testimony from witnesses can support your claim by providing unbiased accounts of the events.
- Accident reconstruction – Experts can reconstruct the accident scene to demonstrate how the crash occurred and who was at fault.
- Medical records – Detailed medical documentation showing the link between the accident, the resulting injuries, and the miscarriage is vital.
- Doctors’ testimony – Healthcare providers can testify about how the injuries sustained in the collision directly caused the miscarriage, impacting your health and well-being.
What Compensation Could You Recover for a Miscarriage in a Car Accident Claim?
You might suffer various losses after a miscarriage caused by a car accident, and you can pursue compensation to cover them. You can seek money for:
- Medical expenses – These expenses include all healthcare costs associated with the collision, from emergency care to follow-up treatments and specialized care.
- Lost wages – If the accident and subsequent miscarriage caused you to miss work, you can pursue this lost income in your claim.
- Pain and suffering – Suffering a miscarriage takes a physical and emotional toll. You can seek compensation for enduring this burden since the crash occurred.
- Loss of enjoyment of life – If the miscarriage significantly impacts your mental health and quality of life, you can pursue compensation for the emotional anguish.
How Long Do You Have to File a Lawsuit for the Accident in Connecticut?
In Connecticut, the statute of limitations for filing a personal injury lawsuit, including cases involving a miscarriage from a car accident, allows two years from the date of the collision. It’s crucial to file as soon as possible within that deadline to avoid potentially missing your opportunity to pursue justice. If you file after the deadline passes, you can lose your ability to seek compensation in court to cover your losses.
Contact a Connecticut Car Accident Lawyer
If you’ve suffered a miscarriage caused by a car accident, you deserve emotional and legal support. Your focus should be your health. The last thing you should have to worry about is gathering paperwork and returning phone calls. At Jainchill & Beckert, LLC, we know this is a challenging time and can alleviate this burden to ease your recovery. We’re available 24/7 whenever you need to reach out. Call us today or contact us online for your free consultation.