What you do after you lose your pregnancy due to a car accident will impact the value of your claim. You should prioritize your own safety. Once you are out of harm’s way, there are steps you can take to protect your right to recover compensation.
If you are pregnant and were in a car accident, take the following steps:
- Seek immediate medical care
- Report the accident to the police
- Document the accident scene
- Notify your insurance company of the crash
- Consult an experienced personal injury lawyer
- File a claim with the insurance company
- File a wrongful death lawsuit
Since you can’t always know right away whether you lost your pregnancy in a car crash, take these steps after any accident. A wrongful death lawyer in Indianapolis or your city will compassionately guide you through this difficult period.
Seek Immediate Medical Care
Your health and well-being should always come first, especially since there may be immediate physical complications that require attention. It’s important to see a medical professional who can evaluate your condition, offer necessary treatments, and keep an eye on any potential issues stemming from the collision.
From a legal standpoint, a thorough medical history strengthens your case. If you choose to pursue a claim for damages, your medical records will serve as crucial evidence, detailing the severity of your injuries, treatment expenses, and how your daily life has been affected.
Your Case Will Get
The Attention It Deserves
Report the Accident to the Police
Dial 911 to report the incident immediately. The officer who arrives at the scene will investigate and compile a police report. This document is an official record of the accident, capturing important details such as who was involved, witness accounts, and any citations that may have been issued. The police report helps establish liability.
Document the Accident Scene
If you can, document the fresh evidence at the scene of the accident. Evidence can fade or be lost over time, and witnesses might forget critical details. If you’re unable to document the scene yourself, ask someone trustworthy who is present to help.
To effectively document the car accident scene, follow these steps:
- Take photos of the accident details, the vehicles involved, any visible injuries, and the surrounding environment.
- Make notes about the circumstances of the accident, including the time, location, and any relevant traffic signals or signs.
- Collect contact information and statements from any witnesses about what they observed.
- Screenshot the current weather conditions.
This documentation helps clarify how the car crash happened. Comprehensive documentation lays a solid foundation for any legal action you may wish to pursue. When you collaborate with a law firm, they will also investigate the scene. The sooner you reach out to them, the better the chances they can access fresh evidence.
Notify Your Insurance Company of the Crash
Contact your insurance company about the crash as soon as you can. Reporting it quickly helps them process your claim more efficiently and gets you on the path to recovery. When you reach out, be sure to share all the main details, such as the date, time, location, and what happened during the accident.
Remember that insurance adjusters are not your friends. Their main priority is to make a profit, and they do this by paying you less. Keep the initial call brief, and don’t go into too much detail. Anything you say can be used against you to devalue or dismiss your claim. Then, you can let your attorney handle communication with the insurance company.
Consult an Experienced Personal Injury Attorney
Navigating the legal process after such a traumatic experience can feel overwhelming, but you don’t have to face it alone. If you’ve experienced a miscarriage following a car accident, hiring a lawyer can make a big difference. A personal injury attorney will help you understand your options for pursuing compensation.
They can handle communications with insurance companies, collect necessary evidence, and build a solid case on your behalf. With your case managed by a professional, you can concentrate on finding a way to move forward.
File a Claim With the Insurance Company
If another driver’s negligence caused the accident, you may have the opportunity to pursue compensation through their insurance. Even if the responsible driver lacks adequate insurance, your policy may provide coverage.
Navigating the claims process can be complicated, particularly in situations involving such a sensitive loss. A wrongful death attorney can handle all communications with the insurance company and work to negotiate the highest possible settlement for you.
File a Wrongful Death Lawsuit
In certain situations, you might have the option to file a lawsuit after a car accident that results in a miscarriage. The ability to pursue this type of claim often hinges on your state’s specific laws regarding wrongful death and how they relate to unborn children.
In the U.S., states typically adhere to one of four standards:
- Conception standard: This standard recognizes the unborn child as a legal person from the moment of conception, regardless of how far along the pregnancy is.
- Quickening standard: This standard is based on the stage of pregnancy when the mother first feels the baby move, usually around 16 to 20 weeks. In states that follow this guideline, a wrongful death lawsuit may only be possible if the miscarriage occurs after this point.
- Viability standard: This standard applies when the fetus reaches a stage where it could potentially survive outside the womb, typically around 24 weeks. According to the viability standard, you may file a wrongful death claim if the miscarriage occurs after this stage.
- No standard or uncertainty: Some states do not permit wrongful death lawsuits after a miscarriage due to a car accident, or there are no clear regulations on the matter.
In some states, parents can seek compensation for the loss of a fetus due to negligence, but not in others. A local wrongful death lawyer can clarify how your state’s laws affect your case.
Compassionate Legal Assistance After You Lose Your Pregnancy Due to a Car Accident
We are deeply sorry for your loss if you have experienced losing your unborn child in a car crash. An experienced wrongful death attorney can hold those responsible accountable and help you obtain the compensation necessary for your healing process.
With over 110 years of experience, Vaughan & Vaughan advocates for injured victims. We have a proven history of achieving successful outcomes for our clients. To find out how our wrongful death attorneys can support you, call us today to schedule a free case consultation.
