Pregnancy is a vulnerable time, and while it is a normal and natural process, several parts of life become more dangerous and even devastating if something goes wrong. Unfortunately, car accidents can be one of those events that may lead to the loss of your pregnancy. If you have experienced a miscarriage that you believe is associated with a car accident, you need support to find accountability for those responsible.
Being injured in a car accident is a vulnerable experience, and adding a miscarriage to that experience compounds that vulnerability significantly. In a time like that, you may benefit from the support of an experienced South Carolina car accident lawyer to help you manage your case for compensation and seek justice. We can work to secure compensation for not only your physical injuries but the devastation of your loss.
Explaining Miscarriage After a Car Accident
Many people have experienced a miscarriage, and though it can be a common experience, even outside of the trauma of a car accident, it is almost always one that is emotionally painful. The Mayo Clinic defines miscarriage as the loss of a pregnancy before 20 weeks of gestation. While many people may think of any kind of pregnancy loss as a miscarriage, a loss beyond 20 weeks is medically considered a stillbirth.
The uterus and surrounding tissue do an incredible job of protecting a developing fetus in the womb, but abdominal trauma can cause life-threatening injuries to the pregnant person and their baby. An article on Trauma in Pregnancy explains that car accidents are one of the most common causes of trauma in pregnant people. Major trauma from a car accident is the cause of nearly 80% of cases of fetal demise.
Fetal demise from a car accident is more likely in the third trimester of pregnancy because the fetus is bigger and extends beyond the protection of the pelvis, which puts many of these losses beyond the 20-week cutoff for the medical classification of a miscarriage and would therefore be medically categorized as a stillbirth. However, when you are a parent who has just suffered a loss because of someone else’s negligence, the terminology doesn’t matter. Your concern is accountability for the person who caused the loss, regardless of the week of pregnancy.
Legal Recourse for Miscarriage After a Car Accident
If you have been injured in a car accident and experienced a miscarriage or pregnancy loss after the car accident, you have legal recourse. You can work with Shelly Leeke Law Firm to determine the most appropriate course of action for your case and help you recover the maximum compensation available through a civil lawsuit. This can be negotiated through a pre-trial insurance settlement or at trial if the insurance company fails to provide agreeable terms.
Additionally, South Carolina generally allows parents to file a wrongful death lawsuit for the loss of a viable fetus. We understand that no amount of money will truly compensate for the loss of your child and the future you imagined. Our hope for our clients is to help them gain the financial resources to at least grieve in the way that best suits them.
Supporting Your Settlement
In many cases, it can be challenging to prove that the miscarriage was directly related to the car accident. Aside from the life-saving benefits of early intervention, this is one of the many reasons it is essential to seek medical care immediately following an accident. It is also crucial to call an attorney who can guide you through the necessary steps to collect and preserve evidence from the beginning for a better chance at a fair settlement.
Causes of Miscarriage After a Car Accident
One of the primary causes of miscarriage after a car accident is abdominal trauma. The primary causes of death in both pregnant people and their babies after a trauma are placental abruption and, in rare cases, uterine rupture, according to the Trauma in Pregnancy article cited above. These complications may not be immediately identifiable but can be life-threatening and may be caused by:
- Injury from the lap belt if it cannot lie across the hips
- The force of impact
- Collision with an airbag
- Penetrating trauma
Both a placental abruption and a ruptured uterus can lead to hemorrhage and death from blood loss. A uterine rupture, in many cases, may also result in a total hysterectomy and loss of fertility. While a placental abruption may also result in a hysterectomy, it may also affect fertility in the future.
Signs of a Miscarriage After a Car Accident
The symptoms of a miscarriage can vary, and for some people, they may not have many. However, any bleeding or abdominal pain should be taken seriously. Additionally, any changes in fetal movement or significant changes in how you feel should be seen by a physician.
Damages Available After a Car Accident-Induced Miscarriage
Many parents feel overwhelmed by their grief and rage after a pregnancy loss, mainly when someone else’s negligence causes it, and the idea of claiming money from the situation that caused your loss can feel crass or invalidating to some. However, we consider it our chance to give you and your lost child a voice in the situation while recovering compensation and resources that can help you focus on recovery and rebuilding. Some of the damages we may be able to claim on your behalf are:
- Pain and suffering
- Medical bills
- Property damage
- Funeral expenses
- Household supports
- Medical treatments
- Emotional anguish
- Wrongful death
- Lost wages
You may be eligible to receive compensation specifically for the loss of your child. This may be used to cover a number of expenses related to the loss, including support for you and your family while coping with the situation.
Call Our Compassionate Personal Injury Attorneys Today
Managing negotiations with insurance providers or attorneys may seem like the last thing you want to deal with after a miscarriage. At Shelly Leeke, we understand this and can help you and your family by managing the legal administration and communication while you focus on your family. Our track record for valuing and supporting our clients is proven in our testimonials from previous clients.
You shouldn’t have to shoulder the burden of someone else’s actions alone. We can’t take you back in time, but we can stand by your side to get things done on your behalf. So contact us today to schedule a free case consultation.
