Injured in a Car Accident While Pregnant – Do You Have a Case?

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Key Points:

  • Approximately 170,000 car accidents involve pregnant women across the United States every year.
  • Insurance companies are aware pregnancy-related injury bills can be very high, but they will try to avoid or minimize the amount they must pay.
  • Working with an experienced personal injury attorney is the best way to ensure you receive compensation for both physical and emotional harm.
  • In Georgia, a wrongful death case may be applicable if the death occurred to an unborn child that was “quick,” meaning the mother could feel the baby moving inside her womb before the accident.

In today’s society, many women continue to work during their pregnancies and have no choice but to drive to do so. While getting into a car accident is a scary event that no expectant mother wants to think of, unfortunately, these accidents do occur. In fact, approximately 170,000 car accidents involve pregnant women across the United States annually.

Sadly, there is always a risk for harm or even death of the unborn child in car accidents. And as the pregnancy progresses, the chance for injury increases as well, with the highest risk being in the final trimester of pregnancy.

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According to the Journal of the American Medical Association, car accidents account for 4 out of 5 unborn baby deaths, resulting from physical trauma to the pregnant women. In the most serious accidents, the mothers-to-be can also be killed.

If you were involved in a car accident while pregnant, it is important to understand what legal options are available to compensate you and your unborn child for any injuries sustained. If your unborn child tragically died as a result of the accident, then it is important to get experienced legal help as soon as possible.

Why Car Accidents Are a Higher Risk for Pregnant Women

While car safety features are meant to protect drivers and passengers, not all of them are perfectly designed for everyone. For instance, toddlers and infants aren’t allowed in the front seat because their smaller size and weight increase the potential for a seat belt or airbag to seriously injure or kill them.

Common Complications Pregnant Woman Suffer in Car Accidents

A car accident can cause a variety of injuries and complications for pregnant women and their unborn fetuses. Some of the most common issues include:

  • Miscarriage
  • Premature birth (forced C-section)
  • Birth defects
  • High-risk pregnancy
  • Coup and contrecoup injuries
  • Placental abruption
  • Fetal trauma
  • Broken bones
  • Emotional pain for the expectant mother

Of course, these are not all of the injuries or complications that can occur to pregnant women and their unborn children in car accidents. Other typical injuries from the impact of a car accident may also happen.

While some thought and engineering have gone into designing safety features for children, the level of protection for an unborn fetus is almost nonexistent in most vehicles. Even airbags, which offer general protection to most people, can harm or even kill an unborn child during a car accident. Crashes that occur even at low speeds can exert enough force to cause a miscarriage in a pregnant woman, along with other types of injuries.


How Insurance Companies Handle Pregnancy Injuries

Once an insurance company realizes that a pregnant woman was involved in an accident, they will likely look to settle any claims swiftly. Insurance companies are aware pregnancy-related injury bills can be very high, but they will try to avoid or minimize the amount they must pay.

If a doctor had to perform any medical procedures to save or remove an unborn child after the mother suffered injuries in a car accident, then the medical costs owed will increase significantly.

The pain and suffering a pregnant woman can go through for losing a fetus is an awful and long-lasting pain. Unfortunately, insurance companies rarely pay for the pain that pregnant women experience when they suffer emotional trauma due to a car accident. With the help of a personal injury lawyer, its very possible compensation can be recovered.

Working with an experienced personal injury attorney is the best way to ensure you receive compensation for both physical and emotional harm. Attorneys know how to combat the tactics of insurance companies that are trying to protect their bottoms lines and can help you build a strong case that can provide you with the compensation you deserve.

Evidence Needed to Prove an Accident Injured an Unborn Baby


To be successful in a claim for a pregnancy injury sustained in a car accident, insurance companies will want proof of two major factors: 1) that their insured party was, in fact, the negligent driver, and 2) that the accident directly caused the pregnancy injury.

Like any car accident injury case, evidence is key. Proof related to these two major issues will need to be properly prepared and presented to most effectively advance your case.  

Some of the most common evidence involved in pregnancy injury cases include:

  • Medical reports or documents proving your pregnancy
  • Medical reports that explain the accident altered the pregnancy
  • The testimonies of medical professionals describing any pregnancy injuries or complications
  • Eyewitness testimony from people at the scene of the accident
  • Police accident reports
  • Photos of the pregnancy, before and after (which can also include ultrasounds)

Your pregnancy injury case might require additional evidence not listed above. It is critical to paint a complete picture of what happened with an appropriate accident investigation and presentation of evidence.

If you fail to provide the necessary evidence to sustain your claim, you may end up without any financial recovery at all.

Wrongful Death Claims for the Loss of an Unborn Child

Different states have different rules that determine whether an unborn child can be considered under wrongful death law.

In Georgia, the loss of an unborn child in a car accident may be considered a wrongful death if the unborn fetus was “quick,” meaning the mother could feel the baby moving inside her womb before the accident.

Wrongful death claims of this nature can result in significant recovery. While there isn’t a set value for the loss of an unborn baby’s life in a car accident, a personal injury attorney can help with this extremely difficult task. An attorney can determine the appropriate figure to seek by using similar accidents.

While no amount of money will appropriately compensate for the loss of a baby, receiving a fair settlement can help ease the burden of any financial hardships sustained and allow you to focus on your physical and emotional recovery.

Our Lawyers Handle Pregnancy Injury Car Accident Cases

If you’ve been involved in a car accident while pregnant, make sure you seek the advice of an experienced car accident lawyer.

We understand that this might be an extremely challenging time, but it is important to understand what compensation you might be entitled to. Call The Millar Law Firm today at (770) 400-0000 or contact us online to set up a free consultation with one of our attorneys.

 

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