When to Sue After an Accident While Pregnant
Accident and Injury Attorney Serving Pregnant Women Injured in Accidents throughout Indianapolis, IN
Pregnancy is a difficult process on its own, but when you are in a motor vehicle accident, the level of stress and physical demands on your body become worse. Estimates show that 300 to 1,000 pregnancies result in miscarriages each year because of motor vehicle accidents.
Most expectant parents do not think of liability after an accident, or even after the loss of the baby. However, the injuries that were caused by someone’s negligence should not be the burden of two parents. Instead, the person responsible for causing the accident and loss should be held accountable.
Sadly, pregnant women are likely to be involved in motor vehicle accidents much more often than they realize. Depending on the area where you live, the driver could be held liable for injuries to you and your unborn child, as well as the death of that unborn child. Even if you cannot seek damages for your child’s injuries or death, you still have the option to receive damages for your injuries and pregnancy loss.
When to File a Suit
It is hard to decide when you should file your lawsuit. After all, your injuries may initially appear minor, but later you miscarry because of the trauma from the accident. Other times, parents want to wait until the baby is born before they bring their lawsuit. Unfortunately, you are under a time limit.
The statute of limitations limits you on how much time you must file your claim. Worse, if you must submit such claims against a government entity, the timeframe is much shorter. If you do not file your lawsuit by the deadline, you are no longer legally entitled to compensation – regardless of how much evidence you have in your favor.
Therefore, it is best to consult with a personal injury attorney the moment the accident occurs. Even if you want to file after the pregnancy, your attorney can work on gathering evidence and preparing the case – all while ensuring you are not at risk for an expiring statute timeline.
There is no harm in waiting to finalize the settlement phase of your lawsuit until after the baby is born since the statute of limitations for Indiana is longer than the average pregnancy. However, it is still in your best interest to speak with an attorney and have your case started, even if you do not intend to settle for several more months.
Also, if your physician worries that the child may have permanent injuries from the accident, it could be in your best interest to wait until after the child is born to seek a settlement. Regardless, your attorney can advise you as to which route is best based on the circumstances.
Get Assistance Now with Your Pregnancy Injury Claim
The attorneys at Jacobs Law, LLC are here to help. If you were injured in a motor vehicle accident while pregnant, you might have a claim against that driver. To explore your options, schedule a consultation with our attorneys by calling our offices or completing our online contact form. Someone from our office will be in touch with you as quickly as possible.