I was traveling down 71 South in Ohio when a fully loaded flat bed semi truck side swiped me. He stopped and admitted to being at fault and was cited. My car was totalled and I was very pregnant (over my due date.) Because of the wreck I had to be induced earlier then planned and couldn't nurse my baby because of all the extra pain meds I had to be on from the wreck. I couldn't even get out of bed to hold my newborn because of the pain. As if giving birth isn't already paiunful enough I had to deal with the aches and pains of being hit by a semi, but I wasn't seriously hurt. I'm just curious if I could still receive a settlement.
In my opinion, you have a viable claim. In order to be compensible, an injury need not be catastrophic. You received a physical insult to your person, and endured emotional distress at being put in fear of the loss of your life, and you should pursue fair compensation, if you are so inclined.
Most importantly, congratulations on the birth of your child. What jumps out at me is mention of your baby's health. Presumably, your child is healthy and happy. You should contact a local and qualified personal injury litigation attorney. At a minimum, learn your rights. Do not speak with the trucks insurer, do report this to your insurer. All the best.
You should consult with a good personal injury lawyer immediately. Trucking cases are far more complex than the average car accident, and the trucking company should be instructed by your lawyer to preserve evidence that might be damaging to them. Generally, the statute of limitations is 2 years to pursue a case for yourself (assuming you are over 18), but the sooner a good lawyer gets involved, the better the job he/she can do for you.
Sorry to hear about the accident, and the pain and complications it has caused you. You likely do have a viable claim. And, as one of the attorneys mentioned, a truck accident is much different than a car accident. Certain electronic and other evidence needs to be preserved by an immediate letter to the trucking company. The question in your case is what can be proven and what is it worth. You will be able to recover for those expenses, injuries, conditions, and pain that were caused by the accident, and were apart from those expenses, conditions and pain related to your pregnancy and delivery.
To begin with, Congratulations. You should consult with an attorney as soon as possible, particularly as the question of liability appears clearly to be in your favor. You do not mention any injury or complications to your baby's health, so that is good. As far as being "induced earlier than planned", I would honestly tell you that as you were already passed your due date, it is likely that you were headed to an induced labor anyway ( you do not mention how soon after the accident you were placed into labor), and so forth. Subject to anything further found from a medical point, you are describing what is often refurred to as a "soft tissue" claim (which would include emotional trauma). The big question as to whether it is worth your time to bring a lawsuite will be dependent on whether Ohio has any type of "no-fault " laws which could limit the bringing of a suit where there is only soft tissue injuries, compared to fractures or more serious injuries than you describe. If not, you should definitely consider bringing a suit. Consulting with a lawyer, which will be free of charge, in your area should get you the answers you are looking for.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.
If you're faced with a dispute that can't be resolved by negotiation, a lawsuit may be necessary. It will allow you to seek a legally binding solution in court.
Written by attorney Erin Ann Levine
What do you do when you have filed a legal action but can't find the person you need to serve? Before being allowed to serve by publication or posting, you will need to search diligently.... more
Get free answers from experienced attorneys.
30,045 answers this week
3,408 attorneys answering
Get answers from top-rated lawyers.
30,045 answers this week
3,408 attorneys answering