After a car accident that may have given you a miscarriage, prioritize your safety. Once you are out of harm’s way, seek medical care, document the accident scene, and report the crash to the police.
An attorney will use all available evidence to build a strong case against the at-fault party. Since you may not immediately know if a crash led to a miscarriage, always take these steps to protect your claim.
If the car accident causes a miscarriage, you could file a wrongful death lawsuit. Different states have various regulations for taking legal action after losing a pregnancy due to someone else’s negligence. A wrongful death lawyer in Indianapolis or your city will explain how state laws impact your claim.
Seek Immediate Medical Attention
Your health and well-being should be your top priority, as there may be physical complications that need to be addressed right away. A medical professional can assess your condition, provide necessary treatment, and monitor for any potential issues that may arise from the accident.
In a legal context, having a well-documented medical history can significantly strengthen your case. If you decide to pursue a claim for damages, your medical records provide essential evidence regarding the extent of your injuries, treatment costs, and the impact on your daily life. This information is vital for calculating damages.
Your Case Will Get
The Attention It Deserves
Report the Crash to the Police
Call 911 to report the incident. The officer responding at the scene will investigate the crash and create a police report. This document serves as an official record of the accident and can provide key details about what happened, including who was involved, witness statements, and any citations issued.
The police report helps establish fault and can support your case. When speaking with the police, explain your version of the accident clearly and calmly.
Document the Accident Scene
If you are able to, gather as much evidence as possible at the scene. Over time, evidence can get lost or damaged, and witnesses can forget important details. If you are unable to document the scene yourself, ask someone else who is at the scene and you trust.
To document the car accident scene, take the following steps:
- Photograph the accident details, vehicles involved, any visible injuries, and the surrounding area.
- Take notes about the circumstances of the accident, such as the time, location, and any traffic signals or signs that were present.
- If there are witnesses, collect their contact information and statements about what they saw.
- Take a screenshot of the current weather conditions.
This documentation can be invaluable for your case. It helps establish the details of the accident and the circumstances that led to your loss. Thorough documentation can create a strong foundation for any legal action you may wish to pursue.
When you work with a law firm, they will also investigate the scene. The sooner you call them, the better the chances they can access fresh evidence and use this to strengthen your case.
Hire an Experienced Personal Injury Attorney
Taking legal action after such a traumatic event can be overwhelming; don’t go through this difficult period alone. You can hire a lawyer to represent you if you have a miscarriage after a car accident. A personal injury lawyer will guide you through the legal process, helping you understand your options for seeking compensation.
They can deal with insurance companies, gather evidence, and build a strong case on your behalf. With your case in capable hands, you can focus on healing and moving forward.
Obtain Medical Records Related to the Miscarriage
These records document the medical care you received and provide important evidence connecting the accident to the miscarriage. Medical documents play a key role in supporting your legal case and helping to prove the extent of your losses.
Request detailed records from your healthcare providers, including:
- Emergency room visit reports
- Ultrasound and imaging results
- Doctor’s notes and diagnoses
- Treatment and procedure records
- Lab test results
- Discharge summaries
- Medication prescriptions
- Follow-up care instructions
- Specialist consultation reports
Working with an experienced attorney can make this process easier. They can gather and organize the necessary paperwork to ensure your claim is as strong as possible.
File an Insurance Claim
If another driver’s negligence caused the accident, you may be able to seek compensation through their or your insurance policy. Even if the at-fault driver is uninsured or underinsured, there may be options through your insurance coverage.
Filing a claim can be complex, especially in cases involving such a sensitive and personal loss. A compassionate wrongful death lawyer can take over communications with the insurance company and negotiate for the maximum settlement.
File a Wrongful Death Lawsuit
In some cases, you may be able to sue after a car accident that caused a miscarriage. Whether you can pursue this type of claim often depends on the specific laws in your state regarding wrongful death and how they apply to an unborn child.
All stated in the U.S. follow one of these four standards:
- Conception standard: Under this standard, the unborn child is legally considered a person from the moment of conception, regardless of how far along the pregnancy is.
- Quickening standard: The quickening standard is based on the stage of pregnancy when the mother first feels the baby’s movement, usually around 16-20 weeks. In states that follow this standard, a wrongful death lawsuit may be possible only if the miscarriage occurs after the baby has reached this stage of development.
- Viability standard: This standard applies when the fetus has reached a stage where it could potentially survive outside the womb, typically around 24 weeks. Under the viability standard, a wrongful death claim can be filed if the miscarriage happens after this point.
- No standard or uncertain: In some states, you can’t file a wrongful death lawsuit after a miscarriage caused by a car accident, or there are no clear regulations.
Some states allow parents to seek compensation if negligence leads to the loss of a fetus, while others have more restrictive guidelines. A local wrongful death attorney will explain how state laws impact your compensation claim.
A Wrongful Death Attorney Can Guide You Through the Next Steps After Car Accident Gives You a Miscarriage
We extend our condolences if you’ve tragically lost your unborn child in a car accident. A wrongful death attorney can help you seek justice by holding the responsible party accountable and securing the compensation you need to begin healing.
With more than 110 years of experience, Vaughan & Vaughan protects the rights of injured victims and their families. We have built a track record of successful case results. To learn more about how our wrongful death attorneys can assist you, contact us today to schedule a free case consultation.
