A pregnancy is a delicate process. Woman carry the child to term and are often times required to not perform any heavy lifting or sudden movements while pregnant. Even stressful situations are considered harmful to the health of the child. That is why a car accident can be so dangerous to the overall health of the child. In many cases a pregnant mother will not be aware that the fetus was harmed. This is why it is extremely important to have a doctor or primary care physician to a preliminary check to ensure safety. If you have been involved in a car accident and are pregnant DO NOT SETTLE your claim until you know the extent of your injuries.
Law for Miscarriage After a Car Accident
Severe trauma to the body of a pregnant victims of an auto accident can result in the loss of pregnancy
A miscarriage can often happen after a car accident. The trauma suffered by a unborn child can put it in distress and result in the termination of the pregnancy. Sometimes this can happen immediately or months after the accident. That is why it is so important to no rush a settlement for your injuries. You need to make sure that all facts are known before a settlement agreement is entered into.
If for any reason the pregnancy is harmed after a settlement offer is made and entered into, the mother will not be able to claim additional recovery. California law will prohibit bringing another cause of action after the settlement is entered into.
However, it is possible to recover for the psychological and emotional loss of a child in California. California law permits a mother to recover for the loss of a child. In order to do so you must first establish that the loss was because of the accident. To do so it may require a fetal specialist to identify the causation element. Although in certain cases where the impact was traumatic it would be less difficult to establish the causation element of the case.
Will the insurance company of the at fault party cover the loss? This depends. Insurance companies will not immediately offer you compensation for the loss of the unborn child. They will require some showing or evidence that the accident caused the loss.
In theory this may seem like something simple to prove, but it is not. It will require multiple experts to prove that the placenta tore, or damage was caused by the accident. However, in certain situations the doctors notes may be enough to substantiate that the loss occurred because of the accident.
Insurance companies will look to almost any reason to deny liability. They will consider almost any other alternative. This includes any contributory acts by the pregnant mother. Any heavy lifting, irregular positions or anything that would attribute to the loss. Therefore, it is important to not make any statements to the insurance company until you have consulted with your attorney.
At Fault Party With Limited Coverage
What happens if the at fault party has limited coverage? Most drivers in California carry the limited policy requirements. In such cases you will only be to recover from the insurance company whatever the policy limit is. However, it is still possible to have the driver make some type of contribution as well to avoid a pending judgment. In other situations, if you have underinsured motorist coverage, you can recover any amount not paid by the at fault drivers insurance company, through your own policy.
Negotiating with the insurance company is our job. We will make sure that you are given maximum compensation for your injuries.
Free Case Review for Victims
It is vital to seek legal guidance ff you or a loved one have suffered a miscarriage following an auto accident. Our attorneys are able to provide you with a detailed review of your file and provide you the right course or action. If you have suffered a pregnancy termination as a result of a car accident, contact our offices for a free evaluation of your case. (855)385-2529