I was 25 weeks and six days pregnant at a complete stop at a red light on an 89-year-old woman we are ended me and took off. I cought her a few blocks away there’s very minor damage to my car but the impact was enough to send me into premature labor which thankfully they stopped in time I was in full labor with contractions three minutes apart for over five hours and held in the hospital for 27 hours for monitoring. The baby is OK but I’ve had abdominal pain ever since. I am still in a lot of pain from the accident and start treating on Monday I am currently 28 weeks so very limited in what I can do to work on my recovery.I happen to be able to obtain video of the entire accident she didn’t even slow down full impact complete negligence she then proceeded to takeoff which is also in the video. I spoke to a lawyer today and they said that I’m on able to sue for the mere fact that I am pregnant I don’t see how this is possible considering I was injured They said because of limited treatment I wanted to know if this is true or do I have a case. I have had abdominal pain headaches and severe back pain since the accident and moving forward I’m very limited In fear of hurting the baby.
This is not a med. mal. question; it is an auto accident question. It is often hard for clients to understand, but the mere fact that you were in an accident that was someone else's fault, is not enough to base a lawsuit in NY. You also have to have "a serious injury" as defined by statute. From the sound of the post, you may not have a "serious injury" within the legal meaning. I encourage you to write down every way in which your injuries have affected your life, and then discuss the list with an experienced attorney to see if it qualifies. My office is available, if you want to talk. Good luck!
Advice given on Avvo is general in nature, and does not constitute an attorney/client relations. Mark R. Bower is a malpractice attorney with 50+ years' experience, a former Court TV Commentator, and is the past Co-Chair of the Medical Negligence Info. Exchange Group of the American Association for Justice, and Board-Certified in Medical Professional Liability by the Amer. Bd. of Prof. Liability Attorneys.
You need a personal injury lawyer now. After child is born, if child injured, you may need another lawyer.
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