Car Accident While Pregnant: Know Your Legal Rights

If a pregnant woman is involved in a car accident, it’s essential to seek medical attention right away—even if there are no visible injuries. Some complications, such as placental abruption or fetal distress, may not show immediate symptoms. Prompt evaluation can help protect the health of both mother and baby.

When a pregnant woman has been injured in a car accident in Michigan, they can file a lawsuit to recover pain and suffering compensation and economic loss damages from the at-fault driver who caused the crash. they can also file a wrongful death lawsuit if the crash results in a miscarriage of your pregnancy.

It is hard to think of anything more terrifying than being involved in a crash while expecting. Regardless of how seriously you were injured, you must seek medical care as soon as possible. It is important to report your pregnancy to the EMTs who come to the scene of the crash, emergency room personnel, your obstetrician and any other medical specialists you are seeing.

What to do if in a car accident while pregnant

If you are pregnant and are in a car accident, your top priority should be your health and the well-being of your baby. Even if the crash seems minor or you feel uninjured, it’s crucial to seek immediate medical attention, as some pregnancy-related injuries may not be immediately noticeable. Below are steps to take to ensure you are legally protected:

1. Call 911
2. Seek medical treatment immediately
3. Report and document ALL injuries
4. Never give statements or sign releases
5. File a No-Fault benefits application
6. Obtain a copy of your police report
7. Attend all medical appointments
8. Keep good records
9. Comply with notice requirements

What symptoms should a pregnant woman monitor after a car accident?

If you experience any of the following symptoms after being in a car accident while pregnant, you should seek immediate medical attention:

• Changes in fetal movement or activity – Decreased or unusual movement could be a sign of fetal distress and should be reported to a healthcare provider immediately.
• Vaginal bleeding – This may be a sign of a serious complication such as placental abruption and requires immediate medical attention.
• Swelling of your fingers or face – This could indicate high blood pressure or other pregnancy-related complications that may require prompt medical evaluation.
• Severe or constant headaches – This could signal a concussion, high blood pressure, or other serious pregnancy-related conditions that need immediate medical attention.
• Abdominal or shoulder pain – These symptoms could indicate internal injuries or complications like placental abruption, which require urgent medical evaluation to protect both mother and baby.
• Vomiting (that is not related to morning sickness) – This could be a sign of a concussion, internal injury, or other pregnancy-related complication that should be promptly assessed by a medical professional.

What injuries should a pregnant woman be aware of after a car accident?

Injuries that a woman or a fetus may suffer from after a car accident while pregnant include:

• Preterm labor and premature birth – Crashes can trigger early birth
• Birth defects – Trauma from the crash could result in complications during pregnancy that can affect fetal development, making prompt medical care and monitoring essential.
• Coup-Contrecoup brain injury – This occurs when the brain is damaged both at the site of impact and on the opposite side due to sudden movement inside the skull; this type of injury in a pregnant woman after a crash requires urgent medical care to protect her and the baby’s health.
• Placental abruption – This is a serious condition where the placenta separates from the uterus prematurely, which can threaten the health of both mother and baby and requires immediate medical attention.
• Premature rupture of membranes (PROM)– Signs of water breaking early after a crash can lead to infection and preterm labor, making the need for prompt medical attention.
• High–risk pregnancy – A crash can increase the risk of complications putting the pregnancy at high risk category that requires close monitoring and medical care.
• Direct fetal trauma – Impact to the abdomen can injure the baby
• Maternal shock – Occurs when the mother’s body experiences severe trauma or blood loss, leading to dangerously low blood pressure that can threaten both her life and the baby’s well-being.
• Uterine rupture – This is where the uterus tears, risking severe complications for both mother and baby

Can I file a lawsuit for a car accident while pregnant?

In Michigan, if you are pregnant and injured in a car accident have the right to file a lawsuit against the at-fault driver. You may be eligible to seek compensation for pain and suffering, medical expenses, lost wages, and other damages related to your injuries. In cases where the crash leads to pregnancy complications or loss, state law may also allow for a wrongful death claim. It’s important to get medical attention right away after any crash during pregnancy, both to protect your health and to document your injuries. Consulting with an experienced attorney can help you understand your legal options and ensure your rights are protected during this challenging time

Pain and suffering compensation after car accident while pregnant

In Michigan, if you were injured in a car accident while pregnant, then you may be able to sue the at-fault driver who caused the crash to recover compensation for your pain and suffering as well as economic damages for “excess” medical expenses and lost wages.

In order to recover pain and suffering compensation, Michigan’s auto No-Fault law requires that you be able to show that you suffered an injury and that these injuries meet the threshold test of being a “serious impairment of body function.”

Excess medical expenses and excess lost wages cover those medical bills and wages whose amounts exceed what is covered under the applicable auto insurance policy and/or what is guaranteed to crash victims under the No-Fault law. Proof of a “serious impairment of body function” is not required for excess medical expenses and excess lost wages.

If an expectant mother suffered a miscarriage after a crash

In Michigan, if a pregnant woman suffered a miscarriage after a car accident, then you may be able to bring a wrongful death lawsuit against the at-fault driver who caused your crash for “wrongful or negligent act against a pregnant individual . . . [which] results in a miscarriage . . . by that individual . . .” (MCL 600.2922a(1); 600.2922(1); 500.3135(1))

A miscarriage occurs when the trauma of an automobile crash results in the death of an embryo (before the end of the 10th week of pregnancy) or a fetus (beginning with the 11th week of pregnancy).

You may be entitled to recover pain and suffering compensation, damages for “the loss of the society and companionship of the deceased,” and damages for “reasonable medical, hospital, funeral, and burial expenses.” (MCL 600.2922(1) and (6); Johnson vs. Pastoriza, Michigan Supreme Court, 2012, #142127; M Civ JI 45.02 Wrongful Death – Damages)

According to Michigan law, a wrongful death lawsuit for a miscarriage after a car accident while pregnant must be brought by the personal representative of the estate of the embryo or fetus whose death resulted from the miscarriage. (MCL 600.2922a(1); 600.2922(1) and (2))

No-Fault benefits

In Michigan, if you were injured in a car accident while pregnant, then you may be entitled to recover No-Fault PIP benefits to pay for crash-related medical bills and to reimburse you for wages you have lost your injuries have disabled you from returning to work.

No-Fault benefits will also pay for your transportation and mileage costs for traveling to and from doctor appointments as well as for your household replacement services and attendant care services.

In order to recover No-Fault benefits, you must file an application for No-Fault benefits with your auto insurance company within one (1) year of your crash. (MCL 500.3145(1) and (4)) Failure to file this application will result in you being disqualified from ever being able to apply for, recover or sue for No-Fault benefits as a result of the crash that caused your injuries. If you do not have your own auto insurance coverage, then you will generally file your application for No-Fault benefits with your spouse’s insurer, the insurer of a relative who lives in your home or with the Michigan Assigned Claims Plan.

It is important to remember to file an application for Michigan No-Fault benefits on behalf of your child once you give birth after your crash. This way, you will ensure that your child will receive any and all No-Fault medical benefits coverage that he or she may need as a result of crash-related injuries suffered while in utero.

What is the average settlement for a car accident while pregnant?

There is no set or average settlement amount for a car accident involving a pregnant woman, as each case is unique. Factors that influence a settlement include the severity of injuries, any pregnancy complications, medical expenses, lost wages, and the emotional impact of the crash. Cases with more serious injuries or complications typically result in higher settlements, while less severe cases may lead to lower compensation. Additionally, the circumstances of the accident, the degree of fault, and the experience of your attorney can all play a role in determining the outcome. Because every case is different, settlement values are based on the specific details and damages involved.

Why should I choose an attorney from Michigan Auto Law for my case?

At Michigan Auto Law, we specialize in handling automobile crashes, providing expert legal guidance tailored to your unique situation. Our experienced attorneys understand the medical and legal complexities that can arise during pregnancy-related crash claims, including potential complications and the full range of damages you may be entitled to under Michigan’s No-Fault insurance laws.

We are committed to compassionate, clear communication and work tirelessly to secure the best possible outcome for you and your family. With a proven track record of success and a client-first approach, we offers free consultations so you can discuss your case with confidence and with no obligation. Trust us to protect your rights and support you through this challenging time.

Injured in a car accident while pregnant and need an attorney? Call Michigan Auto Law now for a free consultation!

If you were injured in a crash while pregnant in Michigan and have concerns and questions about your legal rights to pain and suffering compensation, economic damages and auto No-Fault insurance benefits, call now (800) 968-1001 for a free consultation with one of our experienced car accident lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

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