Pregnancy brings enough worry without adding the stress of a car accident. When you are expecting and get hurt in a crash, the stakes feel much higher. You are not just concerned about your own recovery. The health of your unborn child weighs heavily on your mind, too.
Many expectant mothers wonder if they can take legal action when a car accident while pregnant leads to complications. The answer depends on several factors, but Ohio law does provide pathways to seek compensation for both maternal and fetal injuries. Our experienced Cleveland car Accident Lawyers explain your rights and what steps you can take next.
Legal Rights After a Car Accident Pregnant Women Should Know
Ohio recognizes that pregnant women deserve special consideration after motor vehicle accidents.
The law acknowledges that crashes can cause harm to both mother and child, even when injuries are not immediately apparent.
Expectant mothers have the right to pursue compensation for medical expenses, lost wages, pain and suffering, and other damages related to their injuries. This includes costs for additional prenatal care, specialized medical monitoring, and treatment for pregnancy complications that arise from the accident.
The legal system also recognizes fetal injuries as a separate category of harm. If your unborn child suffers injury due to someone else’s negligence, you may be able to seek damages for those injuries as well. This could include compensation for medical care the child will need after birth.
Types of Complications That Can Result From Motor Vehicle Crashes
Car accidents can trigger various pregnancy complications, some of which may not show symptoms right away. Placental abruption represents one of the most serious risks. This condition occurs when the placenta separates from the uterine wall before delivery, potentially cutting off oxygen and nutrients to the baby.
Preterm labor is another common complication following car accidents. The trauma and stress from a crash can trigger early contractions, leading to premature birth and its associated health risks.
Internal bleeding poses significant dangers that may not be immediately obvious. The force of impact can cause bleeding in the abdomen or uterus, creating life-threatening situations for both mother and child.
Other potential complications include:
- Fractures to the pelvis or ribs that could affect delivery
- Injuries to the amniotic sac or umbilical cord
- Increased risk of miscarriage
- Development of high blood pressure or preeclampsia
Establishing Negligence in Pregnancy-Related Car Accident Cases
Proving negligence forms the foundation of any successful car accident claim. In Ohio, you must demonstrate that another driver failed to exercise reasonable care and that this failure directly caused your injuries and complications.
Evidence collection becomes crucial in these cases. Police reports, witness statements, photographs of the accident scene, and medical records all play important roles in building your case. Medical documentation linking your pregnancy complications to the car accident carries particular weight.
Expert testimony often proves essential in pregnancy-related accident cases. Medical professionals can explain how the trauma from the crash led to specific complications. Accident reconstruction specialists might help demonstrate exactly how the collision occurred and why the other driver bears responsibility.
The timing of when complications develop can affect your case. Some pregnancy issues may not manifest until weeks or months after the accident. Ohio law generally allows you to file a claim within two years of when you discover an injury, which can provide flexibility for delayed complications.
Calculating Damages in Car Accident While Pregnant Settlement Cases
Determining the value of a car accident while pregnant settlement requires careful consideration of multiple factors.
- Economic damages include medical expenses for both mother and child, lost wages during recovery, and future medical costs related to ongoing complications. Prenatal care costs often increase significantly after an accident. Additional ultrasounds, specialist visits, bed rest requirements, and potential early delivery can create substantial medical bills. If complications require extended hospital stays or neonatal intensive care, expenses can escalate quickly.
- Non-economic damages account for pain and suffering, emotional distress, and loss of enjoyment of life. Pregnancy should be a joyful time, and accidents can rob expectant mothers of that experience. Courts recognize this loss and may award compensation accordingly.
- Future damages require special attention in pregnancy cases. Some complications may not fully manifest until after birth. Children born with disabilities or health problems stemming from the accident may need lifelong care and treatment.
The Role of Insurance Companies in Pregnancy Accident Claims
Insurance companies often try to minimize settlements in pregnancy-related accident cases. They may argue that complications were pre-existing or unrelated to the crash. Some insurers question whether fetal injuries deserve separate compensation.
Documentation becomes your strongest defense against these tactics. Maintain detailed records of all medical appointments, treatments, and symptoms that develop after the accident. Keep receipts for all expenses related to your pregnancy care and recovery.
Insurance adjusters may pressure you to settle quickly, especially if your injuries seem minor at first. Resist this pressure. Pregnancy complications can develop gradually, and early settlements rarely account for all potential future problems.
Working with experienced legal counsel helps level the playing field with insurance companies.
Attorneys who handle pregnancy accident cases know how to counter common insurance company arguments and push for fair compensation.
When to Seek Legal Help After a Pregnancy Car Accident
Several situations warrant immediate legal consultation after a car accident during pregnancy. If you experience any pregnancy complications following the crash, speak with an attorney even if you are unsure whether the accident caused them.
Serious accidents that require hospitalization or emergency medical care almost always justify legal representation. The complexity of pregnancy-related medical issues makes professional legal guidance valuable in these situations.
Do not wait if the other driver was clearly at fault. Drunk driving, speeding, running red lights, or other obvious negligence create strong grounds for legal action. Early legal involvement can help preserve evidence and protect your rights.
Taking Action to Protect Your Rights
Pregnancy accidents create unique challenges that require specialized legal knowledge. The health of both mother and child hangs in the balance, making proper legal representation crucial for securing the compensation you deserve.
If you have been in a car accident while pregnant and are dealing with complications, do not face this challenge alone. Contact Tittle & Perlmuter today for a consultation about your case and learn how we can help protect your family’s future.
