Lawyer for Birth Defects Caused by Car Accident during Pregnancy

A car accident is a scary experience no matter the circumstance, but the stress and fear is that much worse if you are a pregnant woman. Not only are you concerned with your own health, your immediate worry is for the health and safety of your unborn baby. Car accidents can trigger premature labor or cause injuries to the fetus that you won’t know about until the child is born, or maybe not until years down the road.

A child born with a birth defect from a car accident injury to the mother while pregnant will have many challenges throughout their life. It’s possible that they will need medical care and assistance with daily tasks well into adulthood, and the parent may be forced to give up their job in order to care for the child. However, an expectant mother who was injured by another person’s negligence or misconduct has the right to file a lawsuit for monetary compensation.

The car accident lawyers of Normandie understand the sensitive nature of these cases and the unique challenges that you face as a mother-to-be. We are here to help you get justice from the party that harmed you and your child. Please contact us today and let us provide you with advice and guidance if you were injured in a car accident during your pregnancy.

Our Recent Verdicts and Settlements

Birth Defects Resulting from the Mother being Injured in a Car Accident

Any traumatic incident, including a car accident, has the potential to cause injury to a fetus. Auto accidents usually cause blunt force trauma that can lead to various birth defects, along with injuries to the mother. Harm to the baby can also be caused by the mother going into preterm labor from the stress of the accident. Premature babies can suffer due to a number of health conditions, such as respiratory distress, low birth weight, deafness, and blindness.

Below is a list of the most common health complications that we have seen in clients who were injured in a car accident during their pregnancy:

• Uterine rupture – when the uterus ruptures due to a forceful impact, thereby putting both the mother and baby’s life at risk. Women who have had C-sections or uterine surgery are especially vulnerable to uterine rupture due to the trauma from a car crash or other auto accident.
• Placental abruption – a condition where the placenta prematurely detaches from the uterine wall, resulting in heavy bleeding and oxygen / nutrient loss to the fetus.
• Direct fetal trauma – injuries caused by blunt force trauma to the fetus, like fractures, organ damage, and head injuries.
• Fetal distress – a condition where the baby’s heart rate becomes abnormal due to a stressful event, like the mother being hurt in a car crash.
• Preterm labor or premature birth – a woman going into labor early because of the trauma from an accident or other triggering event. Premature birth or labor puts the baby at risk of various health issues that can cause disability and other severe injuries.
• Developmental issues – often caused by lack of oxygen while the mother is in distress from an accident. Due to oxygen deprivation, the fetus may develop brain damage and associated developmental delays.

Signs that a Fetus is in Distress after a Car Accident

Even if you there was no profound impact to your abdomen from the accident, it’s a good idea to see your doctor and make sure that your baby is fine. Or, please go to the emergency room immediately if you have the following symptoms, which are signs of trauma to the fetus:

• Severe pain in the abdomen
• Vaginal bleeding
• Painful and urgent urination
• Swelling in the face or fingers
• Fever / chills
• Dizziness or headaches
• Loss of consciousness
• A shift in the baby’s placement or changes in movement

Your Right to Sue the Other Driver for a Car Accident

If you were involved in a car accident while you were pregnant due to someone else’s careless or reckless behavior, you may be entitled to monetary damages from the other party. These include:

• Medical expenses
• Future medical expenses for your child
• Pain and suffering
• Lost wages (during the recovery period for the mother, but also if she needs to reduce her work hours/ give up her job to take care of a child with a birth defect)
• Emotional distress
• Property damage
• Legal fees

If the at-fault driver’s conduct was especially careless or dangerous, you may be awarded punitive damages if your case is tried in court. As there is no limit to the amount of punitive damages that can be awarded in California, this can end up being a significant portion of the payment that is awarded to you and your child.

Your right to sue is based on the concept of negligence, which means that someone who owed you a duty of care failed to take the necessary precautions to keep you from being injured. In the context of a car accident, we all have a duty to obey traffic laws and drive defensively in order to minimize the possibility of an accident. We also have a duty to refrain from driving when we are under the influence of alcohol or drugs. If someone fails to follow these rules or exercise reasonable care in some other way, they are liable for any damage that is caused to someone else, including a pregnant woman and the child she is carrying.

For more information on liability for a car accident and how to file a lawsuit against a negligent driver, please reach out to at your earliest convenience.

Average Value of a Birth Defect Caused by Car Accident Lawsuit

The value of a car accident to the mother while pregnant lawsuit can vary from $500,000 to several million dollars, based on many factors that are specific to the mother and child. Cases where the baby is born with a severe condition, like brain injury, blindness, and deafness are usually worth over $1,000,000. If the mother has serious injuries as well, like damage to the reproductive organs, nerve damage, and disfigurement, that is another factor that will add to the amount of compensation from an auto accident lawsuit. One of our attorneys can help you figure out the right amount of damages to ask for based on the details of your accident, so please schedule a free consultation by contacting our office.

How Long Do these Cases Take to Settle?

These are highly complicated lawsuits that require extensive investigation, testimony from medical experts, and calculation of projected expenses like future medical costs and educational needs for the child. As a result, these are high value cases that often exceed $1,000,000, so reaching a settlement can take between 1 and 3 years. This is longer than a standard auto accident injury claim, which may be resolved in 6 to 12 months. Though it’s possible that a fair settlement will be offered just a few months into the negotiation process, we would say that most cases take at least 1 year from start to finish, and 3 or more years if the case is tried before a judge and jury.

Statute of Limitations to Sue for a Birth Defect from an Auto Accident

California law provides you with 2 years to file a claim if you sustained injuries from a car accident while you were pregnant, including injuries to your fetus that resulted in premature labor and/or a birth defect. There are limited circumstances where you may be granted additional time for a lawsuit, but this has to be approved by the court system. So, it’s very important that you talk to a lawyer right away and verify how long you have for a lawsuit against the negligent driver. Otherwise, you could end up losing your right to monetary compensation, even if you have undeniable proof that the other party is to blame for the accident.

Speak to a Car Accident Lawsuit Attorney

Our legal team is ready to fight for your rights and the compensation you and your child deserve as the victims of someone else’s conduct. We know you may be worried about the cost of hiring a lawyer, but we assure you that you will never pay out of pocket here at Normandie Law Firm. The Zero Fee Guarantee is a contingency fee policy, where all legal expenses are charged to the defendant. This payment is issued to us as a part of your settlement check, so if you don’t get paid from a car accident claim, neither do we.

For a consultation on your rights and legal options, completely free of charge, contact us 24 hours a day, 7 days a week.

Other Pages on Our Website Related to This Topic
Cost Of Filing A Car Accident Lawsuit
How Much Does It Cost To Hire A Car Accident Lawyer?
Average Cost Of A Car Accident Lawyer In California