There are a lot of things that could go wrong in life. Perhaps the worst one is getting into an accident while you are pregnant. We know that the concerns are very different when the problem is not just your life that you are dealing with but the life of your unborn child.
There is nothing more terrifying than being involved in a collision while you are pregnant and expecting a baby. With that, as much as it may be unthinkable, here at Haque Legal, our Southfield car accident lawyers look at the unthinkable to better prepare you for what you need to do in case you get into a car accident while you are carrying a baby.
What do you need to do first?
If you have not yet called 911, do that. No matter how okay you feel, you need to stay still and make sure that you do not make any sudden movements until an emergency response team is already there to help you and guide you through the process. It is a terrifying thought to think about but the best thing that you can do is to stay still and wait for the experts or trained individuals to come and get you.
Once you have called 911 and your partner, you should instruct your partner to call your lawyer. While we know that the main focus that you have at the moment would be the life of your unborn child, you need to think of the best possible way that you can file for the benefits and the compensation that you and your child should get once you survive the accident.
What if I was injured in a car accident while pregnant?
If you were injured in a car accident while pregnant, you may sue the driver at fault just like any other person who got into an accident. In the State of Michigan, the no-fault law only requires that you show that you suffered an injury because of the accident and that the injuries have resulted in medical expenses and lost wages. You will get paid, whether you are pregnant or not.
On the other hand, you are still entitled to the recovery of your pain and suffering compensation. Through Michigan’s Auto No-fault law, as long as there is a showing that you suffered from an injury and that the injuries you have caused you to have excess medical expenses and lost wages, you are entitled to compensation.
What if you suffered a miscarriage?
If you suffered a miscarriage due to the crash, there are a couple of things that you can do but the most important thing is that you get the person responsible for your accident behind bars.
File A Case
If you suffered a miscarriage due to the crash, there is another kind of suit that you can file – the wrongful death lawsuit against the driver at fault. The driver at fault is the driver that caused your crash.
According to Michigan law, it is recognized that any person who is negligent and who has caused an accident that resulted in the death of a pregnant woman’s unborn child is guilty of a felony. This is punishable by a penalty of up to 15 years in prison and a fine of $7500 or both.
If the driver was drunk when the collision happened, a different penalty is charged.
The Michigan Courts are very strict when it comes to protecting pregnant women in car accidents. In one ruling in the case of Johnson vs. Pastoriza, Michigan Supreme Court (2012), the court ruled that:
“Whenever the death of a person, injuries resulting in death, or death as described in section 2922a shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured or death as described in section 2922a, and although the death was caused under circumstances that constitute a felony”
This is still the basis for wrongful death convictions of a fetus caused by a car collision in Michigan.
What are the things that I should look out for?
If you have been in an accident and you are pregnant, the following are the things that you should look out for.
- Preterm labor;
- Premature birth;
- Birth defects;
- Coup-Contrecoup brain injury;
- Placental abruption;
- Premature rupture of membranes (PROM); and
- High–risk pregnancy.
Of course, the medical professionals will be able to also tell you all about these problems should they arise. We are always hopeful that in case of an accident, it will not be too serious for you and your child.
Contact Your Lawyer Today
Losing a child is one of the hardest things that one can experience in his lifetime. If you have an insurance claim that you need assistance with, you should contact us today. A lawyer can help you get started with your claim. A Southfield personal injury lawyer at Haque Legal will see to it that your needs are met from beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you are having trouble with filing an insurance claim or you want to file a Southfield wrongful death suit against an individual who caused the loss of your child, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.