What To Consider Legally If You've Been Injured In A Car Accident While Pregnant
If you are an expecting mother, you should know what sort of legal actions to consider if you are ever involved in a car accident. You shouldn’t let this thing slip away like nothing happened, even if you are not severely injured. You should always seek proper compensation for the injuries you got and appropriate medical care for you and your unborn child as well.
What to Do if You Get in a Car Accident While Pregnant?
1. You need to remain calm and stay focused. You don’t need to add more stress to yourself, especially if you are severely injured.
2. You should seek immediate medical attention straight away. Pregnant women are especially vulnerable to injuries from a car accident. Here are some issues that most pregnant women run into when they are injured in a car accident:
● internal hemorrhaging
● miscarriage
● early labor
● vaginal bleeding
● unconsciousness
● umbilical cord protrusion
Your unborn child’s safety is also at risk as well. Even minor car accidents like fender-benders can put your unborn child’s safety at risk. Your unborn child is at risk for the following potential fetal injuries.
● Brain injuries caused by placental abruption
● Birth defects related to injuries sustained in the collision
● Birth injuries related to premature birth
Timely medical care is important for pregnant women, even if she is not severely injured. This is to ensure that both the expecting mother and the unborn child are okay.
3. Get someone to help you document the accident. The next thing to do is document the accident. Cooperate with the local police and assist them with the police report. Recalling the accident might be traumatic for you but it is something that you have to do. The more detailed the reports and records are, the easier it will be for you to prove your case later on.
4. Seek the services of a licensed personal injury lawyer. To help you out with your case, you should consult with a licensed personal injury lawyer. Personal injury lawyers can help you determine what sort of legal actions to take for you to get the compensation you deserve for the injuries you suffered during the accident; you can visit https://www.agrusslawfirm.com/personal-injury/car-accident/ for more information. You'll want to enlist the help of someone from the area you're in who understands the courts there and has experience dealing with similar cases.
For instance, if you've been involved in an incident in Colorado, you should hire a car accident attorney like Nadim Ahmed who will take pre-emptive steps to protect your interests from the get-go.
This specific example is ideal if you're looking for legal assistance in and around the great city of Denver. Navigating legal matters with someone who has both local and legal knowledge, armed with the expertise necessary to ensure that you get the justice you deserve, is something you'll certainly want - which goes without saying.
How to File a Claim Against the Other Party?
If you think the other driver is the one to blame for the accident, or if the court has proven that the one to blame for the accident is the other driver, you can file a claim against them. But know that each state has different compensation laws they abide by.
The state of Louisiana, in particular, employs a fault system for claims resulting from car accidents. In Louisiana, the amount of compensation you receive is determined by the fault assigned to both you and the other driver. For example, if you are 20% at fault for the car accident, then the compensation you can receive will be reduced by 20% as well. Let’s say your medical bills amount to $10,000, the compensation you will receive is only $8,000 instead of the full $10,000. So, be sure to become familiar with the compensation laws in your state.
When filing a claim against the other party or to the driver at fault, you should have a legal counselor (like a personal injury lawyer) on your side. Your legal counselor will help you draft your claim and to ensure that your complaint is written correctly.
How to File a Lawsuit Against the Other Party?
You have the right to file a lawsuit against the other party if you are involved in a car accident. Here are some types of lawsuits you can file when you are involved in a car accident while pregnant.
1 . Lawsuit due to negligence. The most common lawsuit you can file against the other party is negligence. You should prove though that the other party was unable to operate their car correctly which resulted in the accident. This is even easier to prove if the other party is found to have been intoxicated, driving recklessly, or committed several traffic violations.
2. Lawsuit due to a fatal car accident. There are also lawsuits for fatal car accidents like:
● You are involved in a car crash and your unborn child dies.
● You and your pregnant wife are involved in a car accident and she, and/or your unborn child dies.
● Or, if all of you in the car dies because of the accident.
If something horrible like this happens to you, you can file a wrongful death lawsuit against the other driver. The remaining family members are entitled to file a lawsuit against the other party for the loss of lives, funeral expenses, and loss of wages.
3. Lawsuit due to a defective vehicle. If the accident was caused by a defective vehicle, you have the right to file against its manufacturer. However, you need to have a very strong case before you can file a lawsuit against a car manufacturer. If you or a loved one was injured in an accident that was caused by a manufacturing defect in your tire, you may have a product liability case. Get in touch with an experienced personal injury attorney as soon as possible.
It’s important that you get legal assistance in the situation that you are involved in a car accident while pregnant. They will help you in taking the right legal actions for recovering the compensation you deserve for the injuries you sustain. Not to mention that you have probably have better chances of making a claim and winning your lawsuit if you have legal counsel on your side.
Disclaimer: This article is not to be taken up as straight-up legal advice. It is only but a guide to help you figure out what kind of legal actions you can take once you are injured in a car accident while pregnant. You should seek the services of a licensed personal injury attorney in your state so that they can provide you with better information and legal advice on how to deal with your situation.
About Don Walker
Don is a law enthusiast who's had over 25 years of experience in his field. He currently writes for Abels & Annes, P.C. - Chicago and enjoys sharing his experiences with those who want to learn more about the legal world. In his spare time he spends quality time with his family and friends.