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.
Unfortunately, car accidents during pregnancy can have severe consequences. If the injuries are severe enough, a miscarriage can occur; however, it is also possible for the accident to cause contractions, premature birth, and additional complications to both the mother and her unborn child. Regardless of how you or your unborn child were affected by a car accident, it is important that you seek legal assistance immediately to explore your legal options as you might have grounds to sue.
The experts at Downtown L.A. Law Group are ready to evaluate your claim and provide you with the guidance that you need to file a lawsuit and recover the compensation that you are owed. If you are ready to discuss your claim with the experts at our firm, do not hesitate to contact the experts at our firm immediately.
Law for Miscarriage After a Car Accident
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.
In addition to miscarriages, car accidents can also potentially lead to other complications. For instance, car accidents can lead to contractions after the accident which could lead to premature births or premature delivery, in which the survival of the fetus is not guaranteed (premature births come with a number of complications for the fetus). In addition, car accidents can also lead to bleeding, which can be life-threatening for the mother and can also cause distress to the fetus.
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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.
What is the Value of My Case?
If you decide to file a lawsuit after a pregnancy loss after a car accident, you could be eligible to file a lawsuit. What could you recover? How much is the value of your claim? These questions are completely normal. The specific value of your claim and the compensation that you could receive will always be based on the details surrounding your lawsuit. The higher the medical expenses, lost earnings, and more severe the mental/emotional distress, the higher the value of the claim.
Although every claim is different, you could be eligible to recover compensation for some of the following:
Pain and suffering
Funeral and burial costs
Loss of consortium
In cases of miscarriage after a car accident, pain and suffering (that is, the mother’s mental and emotional distress) tends to be a significant portion of the total recovery. If you are interested in learning more about the type and amount of compensation that you could be eligible to receive, do not hesitate to contact the experts at our firm immediately. Our lawyers are ready to fight for your right to recover the highest amount of compensation available for your injury claim.
Free Case Review for Victims
Are you in need of a lawyer experienced in miscarriages caused by car accidents? If so, do not hesitate to contact the experts at our law firm as soon as possible. At Downtown L.A. Law Group, our lawyers are ready to evaluate your injury claim and fight for your right to recover the compensation that you are owed.
To make things as easy as possible for you after such a traumatic experience, we offer free legal services. Our free legal services consist of free consultations and free second opinions, during which our lawyers will be available to answer all your questions and address all your concerns, providing you with the guidance that you need to win. Our free legal services are available as part of our Zero-Fee guarantee, which ensures that you will not be required to pay any upfront legal fees for our legal services. In addition, we work on a contingency structure, so you will not have to pay anything until after winning your lawsuit.
It is vital to seek legal guidance if 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. (888) 649-7166
You can trust our lawyers to handle your case effectively and help you recover the compensation that you are owed.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.