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Rear Ended Car Accident While Pregnant: What You Need To Know

Rear Ended Car Accident While Pregnant

In Michigan, when a woman has been involved in a rear ended car accident while pregnant, it’s critical that she seeks immediate medical attention to determine any signs that her health and pregnancy may be at risk. Even if the rear end collision is minor, she should still seek medical treatment promptly. If an injury occurs to her or the fetus, she may be able to recover pain and suffering compensation from the at-fault driver and No-Fault benefits.

Whether or not you believe you were injured – and whether or not believe your injuries to be serious – you should seek medical care as soon as possible after any automobile crash, starting with the EMTs, emergency room personnel, your obstetrician and any other specialist whose expertise will protect the safety and health of both you and your pregnancy. 

Pain and suffering compensation

In Michigan, if you were injured in a rear ended car accident while pregnant, then you may be able to recover pain and suffering damages, excess medical expenses, excess lost wages and other economic damages from the at-fault driver who caused the crash. 

Miscarriage after a rear ended car accident while pregnant in Michigan

If you were involved in a rear ended car accident while pregnant in Michigan and it resulted in a miscarriage, then a wrongful death lawsuit can be brought against the at-fault driver 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))

The lawsuit 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)) 

In 2012, the Michigan Supreme Court expressly recognized the right of a pregnant woman who suffered a death to her embryo or fetus to file a wrongful death lawsuit and a claim for damages for “the loss of the society and companionship of the deceased.” (MCL 600.2922(6); Johnson vs. Pastoriza, Michigan Supreme Court, 2012, #142127)

Rear ended car accident while pregnant settlement

There is no set defined amount of compensation for a rear ended car accident while pregnant settlement in Michigan. It will depend on factors such as: (1) the injuries involved; (2) whether you are partially or fully disabled from working; and (3) the skill and experience and reputation of the lawyer.

Your choice of lawyer is particularly important when it comes to the amount of your settlement. Insurance companies keep tabs on attorneys and they know what attorneys go to trial and which ones don’t – and which ones “settle cases short.”

The bottom line is that attorneys who are known for going to trial can obtain a settlement for more money and often much faster.

To find out what your settlement may be worth, please check out our Settlement Calculator.

No-Fault benefits

For a woman who has been injured in a rear ended car accident while pregnant in Michigan, she is entitled to recover No-Fault PIP benefits to pay for her medical bills and reimburse her for lost wage if her injuries have disabled her from working.

In addition to medical bills and lost wages, No-Fault benefits pay for transportation and mileage costs for traveling to and from doctor appointments as well as household replacement services and attendant care services.

To make a claim for No-Fault benefits, the woman who was injured in the crash must file an application for No-Fault benefits with the responsible auto insurance company within one (1) year of your crash. (MCL 500.3145(1) and (4)) Failure to file this application will disqualify the woman from claiming, recovering and/or suing for benefits she would have otherwise been legally entitled to.

Once the woman who was injured in a crash gives birth, an application for No-Fault benefits should be filed on the child’s behalf to ensure that the child receives any and all No-Fault medical benefits that may be needed as a result of the crash.

Seeking medical attention after a rear ended car accident while pregnant in Michigan

Expectant mothers should seek immediate medical attention if you are experiencing any of the following medical conditions or symptoms after your crash:

  • Changes in fetal movement or activity
  • Vaginal bleeding or spotting
  • Swelling of your fingers or face
  • Increases in vaginal discharge 
  • Leakage of fluids
  • Severe or constant headaches
  • Abdominal or shoulder pain
  • Vomiting (that is not related to morning sickness)
  • Nausea
  • Fever or chills
  • Headaches
  • Pain when you urinate 
  • Urinating more frequently
  • Fainting or dizziness

Risks after a rear ended car accident while pregnant

Risks that may arise after being involved in a rear ended car accident while pregnant include the following:

  • Miscarriage – Any type of trauma to a pregnant woman that was caused by a crash can put her at risk for a miscarriage, resulting in the death of the embryo (before the end of the 10th week of pregnancy) or fetus (after beginning with the 11th week of pregnancy).
  • Preterm labor and premature birth – Preterm labor and premature birth – which occur when a baby is born before 37 weeks of pregnancy – can result in extensive hospitalizations in the neonatal intensive care unit as well as long-term developmental problems. 
  • Birth defects 
  • Coup-Contrecoup brain injury – Even if a fetus is not actually struck, the force and impact of a crash can cause the fetus to suffer the same destructive and damaging type of coup-contrecoup brain injury that occurs in cases of shaken baby syndrome.
  • Placental abruption – When a pregnant woman suffers an abdominal injury in a crash, she is at risk of suffering placental abruption which occurs when the placenta partially or completely detaches from the uterus, thus threatening the growth, development and viability of the fetus by disrupting or otherwise interfering with the supply of oxygen and nutrients to the fetus.
  • Premature rupture of membranes (PROM) – This injury occurs when a pregnant woman’s amniotic sac ruptures before she goes into labor, leading to significant complications for the fetus and the mother such as placental abruption or respiratory distress syndrome.
  • High–risk pregnancy – A crash can cause an expectant mother to experience a high-risk pregnancy involving health problems such as slower fetal development, increased blood pressure and stress, preterm labor complications, problems with the placenta, or pre-eclampsia.

Need help finding the right lawyer? Call Michigan Auto Law first

If you were injured in a rear ended car accident while pregnant in Michigan and would like to speak to an experienced personal injury attorney, call toll free anytime 24/7 at (248) 353-7575 for a free consultation with one of our attorneys. You can also get help from an experienced accident attorney by visiting our contact page or you can use the chat feature on our website.

While Pregnant