Being Injured While Pregnant: Complications and Miscarriages

Extra Considerations for Pregnant Women in Auto Accidents

Suffering a physical  injury while pregnant can lead to a host of additional concerns or worries. Naturally, the health and safety of  the unborn child and  mother takes center stage. Car accidents, even minor ones, can pose significant risks such as placental abruption, premature birth, or  direct injuries to the baby. It is crucial for pregnant women to get medical attention right away because the stress and trauma of an accident alone might increase these risks.

Proving Fetal Injury From an Accident

Although it can be difficult to prove at times, medical data and expert evidence can be used to show that an unborn child’s injuries are directly related to the accident that caused them. Thorough medical records might emphasize any problems or changes in the pregnancy by describing its state before and after the accident. A women should get examined by a doctor as soon as possible after an accident, even if minor, or if no injuries are apparent to the mother. Early detection of any complications can significantly improve outcomes for both the mother  and  baby. In addition, police reports and witness accounts can shed light on how severe the crash was and provide additional context about the accident’s impact.

Even minor accidents can pose risk like:

• Placental Abruption: The placenta detaches from the uterine wall.
• Premature Birth: Stress and physical trauma from a minor accident can induce early labor, potentially resulting in premature birth.
• Fetal Trauma: The fetus can suffer injuries from sudden jolts or impacts, which might not be immediately apparent.
• High-Risk Pregnancy: Any trauma can convert a normal pregnancy into a high-risk one, requiring extensive medical monitoring and care.

Wrongful Death Suit for Miscarriage in Virginia

Recognizing that the death of an unborn child is immensely painful for parents, if an automobile accident results in the death of an unborn child, parents in Virginia may pursue a wrongful death claim, according to Va. Code Ann. § 8.01-50 (2024). A majority of states require a fetus to be viable in order to bring a wrongful death suit but Virginia is part of a minority of jurisdictions that allow a suit to be brought for both a viable and nonviable fetus (younger than 24 weeks). The suit can only be brought by the natural mother. An administrator of her estate, a guardian or a personal representative may sue if the natural mother is not available due to death or disability.

A wrongful death lawsuit to recover for the death of an unborn child requires proof of certain essential elements as in all wrongful death suits.  First, it must be demonstrated that the other driver was negligent and caused the accident. Second, evidence must show that the accident directly caused the miscarriage or stillbirth. And lastly, the emotional and financial impact of the loss, including medical expenses, funeral costs, and emotional suffering.

Focus on healing

Navigating the legal process while grieving can feel overwhelming. Enlisting the help of compassionate professionals, who understand the intricacies of such cases, can provide you  the guidance and support  needed during this difficult time. With the right support and legal representation, you can focus on healing.

While no amount of money can ever truly compensate for the loss or injury of an unborn child, holding those accountable can provide a sense of closure and justice. Our job, as personal injury attorneys, is to lift  the weight of  pursuing justice from your shoulders and to help you and your family to heal.  As one of our client’s put it, “Once Curcio law was in charge, we had every confidence that our worries were over. Without a doubt, my healing was faster than anticipated because healing was the only thing that required my focus.”

Curcio Law has the experience and compassion to handle cases involving the loss of a pregnancy or pregnancy complications caused by an accident.  Call or text (703) 836-3366 or contact our office online to schedule a free consultation.