experiencing pregnancy complications after being involved in car accident, can I pursue these claims against at fault driver

Car accident caused pregnancy complication: My husband, daughter (1 year old at the time), and myself (pregnant) were rear-ended on Halloween night 2008. We were waiting to make a right hand turn when this lady just plowed right into us. We suffered pretty bad whip lash and I also began leaking amniotic fluid that night. At the time I thought I was having bladder issues, until my first ultrasound found that I had little no fluid around the baby. Then the doctor asked if I had been leaking and then it all made sense.

I was put on bedrest on Nov. 25th and then on Dec. 19th when I reached 24 weeks, I was admitted to the hospital. I will be in the hospital for the duration of my pregnancy. My due date is April 10th and the dcotor is letting me carry the baby as long as my body will allow.

I have many questions....
1. How do we go about getting our medical expenses paid and lost wages?
2. What if I lose my job after all of this, because I only get 12 weeks Short term disability--will my employer hold my job?
3. We had to move out of apartment because we are down to one income--will they reinburse us the Lease termination fee we have to pay?
4. I have to start paying my medical insurance for me and my daughter because I haven't been with my employer for more than year--will I get reinbursed for that?
5. My sister-in-law watches my daughter while my husband works, we normally pay her weekly but we can't now--can we recover money for that?
6. How does pain and suffering work? I had major back/neck pain and I now I am missing out on my daughter's life by being in the hospital
7. What if my baby dies?
8. What if my baby lives but has major medical problems?

As you can see, I am have many questions.
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Answers (2)

Michael Joseph Schreyer

Michael Joseph Schreyer

Contributor Level 4
1. You must prove the connection to your lost wages. This can be done through an expert's testimony. The expert should be an expert in obstetrics and gynecology.
2. If you lose your job, you may qualify for unemployment. Wage loss is part of your case if you can provide the expert opinion mentioned above.
3. Your personal economic situation is not part of the case, only those damages which are proximately caused by the incident.
4. Only damages which are proximate: medical expenses and if you can't work lost wages. No one is going to pay your personal items, which are part of your lifestyle.
5. Income loss is covered, not what you use the income to pay for.
6. You will be compensated for your pain, suffering, inconvenience, etc. based upon a jury's evaluation of the duration and severity of each.
7. See 1.
8. See 1.
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cmykeys

If you can recover your lost wages as well as pain and suffering, which you should, all your regular exspenses should come out of that, but resulting irregular exspense(i.e. lease termination fee) should be added to your settlement. Also,make sure that your new baby's future needs are either provided for or do not allow the unborn child to be incuded in your part of the settlement. You have the right to settle seperately for that child. Your baby may likely have future disabilities and you need to ask for all the medical exspenses for your childs lifetime to be provided for. I was involved in a minor accident at 6 mos pregnant. My child was included in my settlement because i didn't know better. I had only just realized i was pregnant and was afraid to speak up and tell anybody. Can't go into detail on that, but I lost out due to my ignorance. Now I have to provide for my special needs baby all by myself.
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