Pursuing Compensation for a Personal Injury While Pregnant

Posted on behalf of Pfeifer Morgan & Stesiak

on February 3, 2022

. Updated on July 3, 2023


pregnant woman behind wheelWhen a pregnant woman is involved in an accident, she is likely not the only one who suffered an injury. Many unborn babies suffer injuries in the womb or birth defects after an accident.

The economic and emotional damages from this type of crash can be devastating for expecting parents. Our South Bend car crash attorneys are prepared to help you file a claim if you or a loved one suffered an injury while pregnant.

The consultation is free and there are no fees unless we successfully recover compensation on your behalf.

What Type of Compensation Can Pregnant Injury Victims Claim?

Expectant mothers involved in auto accidents may experience many injuries to themselves and/or their unborn children, including the following:

  • Placental abruption
  • Uterine rupture
  • Maternal shock
  • Direct fetal trauma
  • Premature birth
  • And more

These types of injuries can increase the costs of medical care for the mother and the baby, especially if the child is born with a condition that could affect the rest of his or her life.

Generally, economic damages include anything that has a dollar value. This includes lost wages, medical costs, property damage and more.

For accidents involving pregnant women, some of the economic damages that may be available include:

  • Ambulatory services
  • Emergency surgery
  • Medically induced labor
  • Ultrasound
  • Lab tests
  • Gynecological services

A pregnant injury victim may also be able to claim compensation for non-economic damages like pain and suffering – the pain and emotional suffering she endured from her injuries and the pain and suffering of her unborn child.

Compensation for an accident caused by someone else’s negligence generally covers past, present and future damages. An expectant mother may be able to file a claim if her child is born with a defect caused by the accident or is expected to develop a medical condition in the future.

However, it is important to note that when an injury case is closed, the injury victim is usually prohibited from filing another claim, even if other injuries develop.

Therefore, it is important to discuss your claim with an experienced attorney who understands the need to adequately determine the value of your claim and pursue maximum compensation for all your damages, including damages attributed to potential medical necessities in the future.

Can I File a Wrongful Death Claim for an Unborn Baby in Indiana?

Indiana does allow the parent, or parents, of an unborn child to file a wrongful death claim under the Child Wrongful Death Act if an unborn baby is killed in an accident caused by someone else’s negligence.

However, the law only applies to viable fetuses. Meaning that the unborn child must be able to survive outside of the mother’s womb with or without medical assistance.

The law allows the following damages, among others, to be claimed for the death of an unborn baby:

  • Loss of consortium
  • Funeral and burial expenses
  • Estate administration costs
  • Counseling expenses for surviving family members

The statute of limitations for wrongful death lawsuits in Indiana is two years, so it is important to speak to an attorney right away.

Call an Experienced Attorney Today

If you or a loved one were injured in an accident while pregnant, you may be eligible for compensation for damages to you and your unborn child.

Let our knowledgeable attorneys help you through the legal process as we seek to maximize compensation for past, present and future damages as a result of the accident.

Call (844) 678-1800 to schedule a free consultation.

Pfeifer, Morgan & Stesiak

Serious Attorneys for Serious Cases