Loss of Pregnancy – Motor Vehicle Accident Lawsuit Information
Miscarriages can happen after a car accident. Despite what an insurance company will tell you, they are more common than not. However, insurance companies will attempt to deny your claim based on non-material medical evidence. Insurance carriers will request to see medical history to find a single event to deny your claim. It is important to handle your claim with care and diligence. If you have suffered a miscarriage after a car accident, know your rights before making any statements.
Insurance Companies Request for Medical Records
This is one of the first tactics of insurance companies. They will request to see all of your medical records. In fact they will even request to see records that are not pertinent to relevant to your claim. Why? Because they know if they can locate anything in your medical history that can show a pattern of miscarriage then your claim can be denied. This is routine practice by insurance carriers with respect to these types of claims.
Generally they will ask you to fill out some forms which will essentially release all pertinent medical history from you provider. They will then comb through these records in search for a “link”. Even if the link is weak, they will use it to deny or limit your claim.
In cases where the miscarriage happened immediately after the accident, insurance companies will look at remote facts. These facts will include whether you have a prior history of miscarriages, how many children you currently have, age, whether you smoke, drink or exercise. How you answer any one of these questions can be detrimental to your claim.
Most conversations will be recorded-with your permission-and again listened to in order to analytically evaluate the claim. Remember, claim are being evaluated, not to test for merit, but to search for a way to deny.
So should you release your medical records? Ultimately, these records will be released, but only to the extent necessary to evaluate the scope. This means that the records will release information for a very short period of time. As a result the insurance companies cannot wholesale evaluate your medical records without justification. For example giving them limited access will not permit them from obtaining records of something that happened 5 years prior, which has no significance to your claim.
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Compensation from a Miscarriage Claim – Car Accident Miscarriage
We will see to it that you and your family are sufficiently compensated for your damages and that you are not made to pay excessive amounts of money for expenses that you did not accrue by yourself. The miscarriage was a result of the other driver’s negligence, and we will ensure that you are appropriately compensated. The insurance agent handling the case will look at the extent of the injuries you suffered, how extensive they were, their permanence, and more, and he will also look at whether or not you were liable or responsible for the incident. He will then make an offer based on his examinations. You could win damages such as:
- Medical bills for surgery, hospitalization, medication and prescription drugs, anesthesia and other specialist fees, X-rays, physical therapy or rehabilitation, future medical procedures, and more
- Lost wages if you were unable to return to work, whether in the past or future, which may include bonuses, commissions, benefits, bonuses, and more
- Property damage if any personal items were damaged in the incident
- Pain and suffering damages for fear, anxiety, PTSD, psychological trauma, and other emotional stresses
- Wrongful death damages if anyone else died in the incident, which may include pre-death medical bills, pre-death pain and suffering, funeral and burial expenses, and much more
- Punitive damages if the responsible party acted with gross negligence or the intent to cause harm, but these damages are often viewed as excessive and are difficult to win, so only a skilled lawyer will be able to secure them for you
The liable driver’s insurance company should cover what you lost. Our attorneys will see to it that you are awarded the maximum compensation for your damages. In some cases, these accident claims can yield well over $1,000,000 in damages. Other times, victims may only receive less than $10,000. For the best chance of success, talk with our lawyers today.
Statute of Limitations on Car Accident Claims
The statute of limitations is the time during which you can file a lawsuit and seek compensation and damages. If you do not sue within that time, your claim will be voided. In California, the statute of limitations is two years from the date of the injury.
It is possible for the statute to be extended; this is common with victims who were under 18 years old, for example. Minors cannot sue, so they can wait until they turn legal age or have their parent or legal guardian file a claim beforehand. Some other victims may be left physically or mentally unable to sue, so their statute won’t count down until they return to functioning awareness. Also, the defendant must be present in California; if he has left the state, the statute won’t count down until he comes back.
The primary reason many claims do not succeed is because the statute of limitations is ignored or forgotten. If you come to our firm, we will not miss any deadlines with your case. Your claim will be handled swiftly and on time.
Getting Help for a Fetal Miscarriage after a Car Accident
It is advisable to speak with an attorney. This should be done before you speak with the other parties insurance company. Make sure you know your rights. Here is a checklist of what you do when speaking with insurance companies regarding your accident.
- Make absolutely no statements with regards to your accident.
- Do not release your medical records, unless it is in a very limited capacity.
- Review your records before releasing them to any insurance claims adjuster.
- Keep records and copies of all medical bills for evaluation.
If you have suffered a miscarriage from an auto accident, contact an attorney. Downtown L.A. Law Group offers free consultations on all cases and we are here to help you with your claim.