Pregnant women take extra precautions to ensure the health of their unborn child. They take care of their bodies by being mindful of what they eat, exercising regularly, and getting adequate sleep. However, there are some things that a soon-to-be mother cannot control, such as car accidents. Accidents are occurrences that occur at random and are unpredictable. Even though pregnant women can take precautions to protect themselves and their unborn children, vehicle accidents nonetheless kill countless unborn children annually.

This blog will discuss the legal options accessible to pregnant women who have been in California car accidents. Read on to find out more.

Steps Pregnant Passengers Can Do After a Vehicle Accident to Protect Their Legal Claim

If a car accident was caused by someone else's negligence, what you do right away will have a significant impact on your ability to pursue compensation for your injuries. Even though the very first minutes or hours following a vehicle accident can be highly stressful and confusing, you need to make an effort to:

Prioritize Your Safety

You must prioritize getting yourself and the people you care about to a secure location. Consider moving the vehicle off the road, if it can be driven without risking injury. If you are injured or uncertain about the condition of the car, do not touch it and seek medical attention. Watch out for leaks of fuel and other flammable liquids; as soon as you detect one, move everyone away to safety.

If you believe that your loved one may have sustained a severe injury to the neck, head, or spine, avoid moving them, except if it must be done to save their life. Moving someone who has suffered an injury to their neck, head, or spinal cord without providing them with the necessary stabilization could worsen their condition.

Call in Law Enforcement

Any time an accident causes destruction to property or injures people, you should notify the authorities. If you have reason to believe that another individual is injured, or when you are concerned about your likelihood of injury, you should request emergency medical services to attend to you.

You should seek medical help right away following an injury, regardless of whether you feel any pain. Some severe injuries may not exhibit any signs for hours or even days after the incident. If patients wait until symptoms appear before seeking medical care, the severity of injuries and the length of treatment time can increase.

Do Not Admit Fault

You may find it hard to obtain monetary compensation for injuries sustained if you admit guilt for initiating the accident. You should therefore avoid saying that you are sorry or that it is your fault to other people, including other drivers.

You should only give the police information that you are very sure is accurate when they ask you about what happened. Avoid making assumptions about your speed, or if you hit the brakes just before the incident occurred. These remarks can be used by insurance providers and other motorists to lower or reject your compensation case if it emerges that your first answers were incorrect.

Gather Evidence

After you and the other motorist have exchanged contact details, gather the names of any witnesses. To facilitate the filing of a claim, try to get down the person's name, insurance details, vehicle registration number, and model and make of their car. When you contact your personal injury attorney, they can provide more detailed information about what the insurer will need.

Don't forget to also speak with the people at the accident scene. Get the contact information and names of any witnesses or individuals who assisted you and the other driver in the accident. To prove culpability in your auto accident claim, you might have to subpoena this individual to testify.

Write Down Your Recollections and Seek Legal Advice

You should gather as much information as you can about the moments preceding and shortly after the accident and write it down. Note down any details you can recall, including the weather, traffic, road conditions, including your speed. Every little detail matters. Examine this statement once again after several days, or discuss it with your injury attorney during your consultation.

Identify Who Is Liable

An attorney can begin investigating who was at fault for your accident as soon as you retain their services. This usually necessitates proving negligence. Four things must be proven in court by the person who was hurt (the "plaintiff") to show the other motorist's negligence, or that they showed a careless act that caused the accident. These essential components consist of:

  • Breach of duty—the plaintiff needs to provide evidence that the other party violated their duty of reasonable care. That is to say, the injured party has to demonstrate that the offender violated the legal obligation of care and did not act sensibly
  • Obligation to exercise care—This entails demonstrating that the person responsible had a duty to treat the person who was hurt with a particular level of care. To keep everyone safe on roadways, all California drivers have a responsibility to follow the rules of the road. The same holds for licensed physicians; they have a moral and legal responsibility to treat their patients to the best of their abilities
  • Compensatory damages—to properly file a personal injury claim against the other party, the plaintiff needs to prove that they are entitled to compensation damages. In other words, the victim must demonstrate that the harm they experienced is recoverable damages, meaning that they are entitled to monetary compensation for their losses to be relieved
  • Causation—subsequently, the plaintiff needs to demonstrate that the previously mentioned violation of duty caused their injuries either directly or assumed some other blame for the resulting injury

Bring a Lawsuit

Your attorney can proceed with your case once they have gathered evidence after your car accident. There are several legal avenues open to you as you pursue compensation for what you lost:

  • Engage in negotiations with the insurance provider—after a car crash occurs while you are pregnant, an attorney could be able to help you negotiate favorable terms for a settlement. Having an attorney look over the insurance company's offers and make counter-offers can help you get a settlement that covers your damages. By taking a settlement, you can speed up the process of getting compensation and save money on court costs. Some insurance companies, though, may attempt to persuade you to accept an undervalued settlement that falls short of compensating for your damages
  • Bring a lawsuit—an accident that occurs while you are pregnant can cause you to take legal action. Your attorney may defend you in a court of law by formulating an argument that assigns blame for the incident and your monetary losses elsewhere.

Common Injuries Sustained By Expectant Mothers In Car Accidents

As with any human being, pregnant women can sustain injuries. However, there are some unique risks that pregnant women face.ar accident Among them are:

  • Miscarriage or fetal death
  • Rising risk factors for example placenta abruption
  • Going into premature labor
  • Bleeding

Placenta Abruption

Placental abruption is among the most serious pregnancy-related injuries an expectant woman can experience. This happens when the woman is involved in a high-speed accident and her abdomen is struck by something, like her seat belt or steering wheel.

The placenta and the wall of the uterus separate when there is a placenta abruption. When this occurs, the mother may bleed profusely and the fetus is deprived of both oxygen and nutrients that the mother provides. Among the most common symptoms include:

  • Abdominal pain
  • Vaginal bleeding
  • Back pain
  • Tenderness around the uterus
  • Lightheadedness or dizziness brought on by the mother's blood loss
  • Uterine contractions
  • The mother has a fever and chills
  • Baby changes movements in the womb

Premature Birth and Labor

Another issue associated with car accidents is premature labor and birth. When a woman's gestation period is shortened from the normal forty weeks, the baby's chances of survival decrease in proportion to how early he or she is born.

Some premature infants can stay in the neonatal care unit until they can survive on their own. This form of care is essential, but the cost exceeds that of a normal childbirth. Medical care could also be required after the baby's discharge from the neonatal care unit because of complications arising from a premature delivery. They do not have to speak with insurers about the accident. Having legal counsel relieves them of the burden.

Fetal Damage

Accidents can sometimes cause harm to a developing fetus. One example is the coup-contrecoup injury that a mother could experience, which results in brain damage. The fetus feels something similar to shaken baby syndrome, which could lead to brain damage.

This can impair the cognitive function of the fetus. Special care could be required during the neonatal stage, childhood, or the remainder of the baby's life. The costs of providing lifelong specialized care for congenital defects could be expensive. Parents are naturally concerned about paying for childcare and what would happen to their loved ones if their financial resources are not available.

In such situations, an experienced lawyer can include these considerations in the amount of money the injured mother needs to be compensated.

Compensation for Pregnant Mothers Following California Car Accidents

In most cases, the at-fault driver's insurance will pay for the accident victims' medical expenses. This is a fundamental right that no insurance company should be allowed to deny.

A pregnant car accident victim often requires far more medical attention than a normal patient. Medical bills have to be settled, but these expenses can significantly increase when a mother is closely monitored for potentially fatal health issues.

Here are some additional medical costs and support that could be included in a California accident injury settlement for pregnant victims:

  • Compensation For Current and Future Medical Bills

A California car accident lawyer will ask for more compensation to ensure ongoing medical monitoring as you approach the day of delivery. Prenatal testing, including ultrasounds, will be costly but essential for an expectant mother who has experienced a serious car crash.

  • Support for Lost Benefits and Earnings

Doctors can place an expecting mother on bed rest during the last few weeks of her labor. This means that the mother is not likely to work and earn an income. This lost income should be paid to their families in full so that they do not fall short on medical costs or monthly payments just before the birth of their child. Family members will incur significant costs in caring for and feeding a newborn child. They do not need more financial obligations as a result of a car crash.

  • The Expectant Mother's Emotional Support

A frightening car crash and difficult recovery could cause a mother to experience emotional trauma, leading to worry and depression. Concerns about the unborn child can be a significant source of anxiety.

  • Early Delivery Support

Injured mothers could be advised to give birth to their babies through emergency c-section. The cost of the operation and subsequent medical care for the mother and premature baby could be significant. Therefore, at-fault motorists and their insurers should be held responsible.

  • After-Birth Medical Care

Infants injured in car accidents while in their mother's womb could suffer birth defects and problems with development right away. Their immediate medical care should be fully covered in a personal injury claim. A professional California car accident attorney will also request medical testimony regarding the medical attention that a growing baby may require in the years to come. Settlement funds must be put aside to address any future development and growth problems.

Mothers involved in auto accidents will also have to seek full compensation to cover their injuries. Serious injuries can have long-term consequences on their lives, even after a healthy child is born. Bone fractures and internal injuries sustained in car accidents can lead to permanent disabilities. New mothers should not have to be worried about their well-being following childbirth.

  • Damage to Property

Car accidents usually cause significant property damage. The responsible party for the crash will be liable for repairing or replacing the vehicle. This depends on the extent of the damages caused.

  • Non-economic Losses

You could be eligible for compensation for your suffering, pain, and mental distress as a result of a pregnancy-related car accident. These losses are not directly related to the harm caused by the crash.

In addition, pregnant mothers should be fully compensated for the travel expenses they incur while unable to operate a vehicle. They could require help commuting to doctor's appointments and trips to see out-of-town specialists.

Wrongful Death Claims for an Expecting Mother Who Loses Her Baby in a Car Crash

Families who have lost a loved one in a fatal car accident can file wrongful death claims to seek financial compensation from the at-fault motorist. Many people argue that wrongful death claims should include an unborn child injured in a car accident.

Unfortunately, California's courts have denied this right to grieving families who have lost their unborn babies due to a negligent motorist's error.

Mothers who have a stillbirth or miscarriage, on the other hand, can file a personal injury lawsuit against the car insurance company for the motorist who caused the accident. A California car accident lawyer representing grieving families would seek substantial injury compensation for the mother and her loved ones.

Although nothing can bring back a child's life, victims should not have to pay the bill for medical expenses resulting from the mother's care and the unborn child's passing. Mothers shouldn't have to bear the emotional burden of losing their child without the full support of the parties responsible. A car accident settlement can include all of the costs that a bereaved family incurred financially.

What is the Statute of Limitations for Pregnant Women Involved in a California Car Accident?

Mothers have 2 years to submit a personal injury claim following a crash caused by a negligent motorist. Pregnant mothers should speak with an attorney about their cases as soon as possible following the incident to ascertain when it is best to file.

Some mothers are forced to wait until their baby is born before filing an injury claim. When physicians are unsure whether an accident affected a fetus, it is sometimes preferable to wait until the baby is born to determine how much compensation you will seek.

A healthy child may not need compensation for future medical care. However, if health complications and birth defects are discovered, your California car accident lawyer will seek more support from the insurer. Before you accept settlement funds, you should know the full extent of your child's potential injuries.

Find a San Diego Personal Injury Attorney Near Me

Car crashes during pregnancy can have catastrophic effects. You may be wondering what the legal procedures are for obtaining fair compensation following such a collision. Our attorneys at the San Diego Personal Injury Law Firm are ready to guide you through every step of your legal case. We can take care of your legal affairs as we strive for you to receive the compensation that you are entitled to. Call us now at 619-478-4059.