Could An Auto Accident Have Caused Your Miscarriage? ~ You Could Be Compensated
Were you involved in a car accident that you believe could have been a contributing factor to you having a miscarriage? If so, you may be entitled to compensation if the other driver was determined to be at fault for the accident. According to saferide4kids.com, an estimated 3,000 pregnancies result in miscarriage as a result of car accidents.
Understanding the Complexity of Statutory Laws
These types of cases are complex in nature, which is why a lawyer is the best resource to use to determine whether or not your case is strong. For example, some states do not allow people to file claims of wrongful death on behalf of an unborn fetus.
Even if your state does not permit wrongful death lawsuits, a lawyer could be able to prove that the loss of your baby resulted in emotional distress for you. A court of law could award you compensation based on your injuries. If a lawyer can present a strong case, the insurance company may opt to forego a legal battle, and negotiate a settlement offer with your lawyer.
Proving Your Case
The gestational weeks and trimester you were in at the time of the accident could affect your case. For example, the further a pregnancy goes along, the stronger the bond between the mother and unborn child is likely to be.
Women who have been pregnant before and given birth to healthy babies with little or no complications could use their prior pregnancies to show that they are not prone to having miscarriages. If this was your first pregnancy and you were only a few weeks pregnant, you might be experiencing emotional distress as a result of you losing your first child.
Your OB/GYN appointments can also strengthen your case. Doctors should have entered information about you and your developing baby in your medical records. If the records show that the pregnancy appeared to be progressing normally, this can place doubt on opposing claims that the accident did not contribute to your miscarriage.
What Not to Do
Do not sign a waiver allowing the insurance company to view your complete medical record. This is because lawyers for insurance companies sometimes use the information in medical records to their advantage.
For example, they could decide to suggest that other factors such as your age or lifestyle habits such as smoking cigarettes could have contributed to your miscarriage. Some lawyers who work for insurance companies may also try to insinuate that women who have had miscarriages or abortions in the may have had miscarriages regardless of whether they had been in an accident or not.
A limited release of your medical records may be required at some point, but you should only sign this type of document if you have legal representation. If possible, do not speak with anyone from the insurance company about your plans to file a lawsuit. Many insurance companies record phone calls, and your words could be misinterpreted.
Figuring Out the Amount of Compensation
You could be entitled to have your medical bills paid, lost wages, transportation costs, and rehabilitation costs in addition to the emotional distress compensation. Calculating these costs can be difficult for the average person to do alone. Some women suffer from the sadness of having a miscarriage for many years. This is why it makes sense to have a lawyer who knows which damages to seek for your unique case.
To learn more, contact a law firm like Walsh Fewkes Sterba.