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Pregnancy complications can arise after even the slightest injuries or trauma. In a car accident, the forces generated have the potential of not only causing pregnancy complications but also severe injuries to mother and child. After an accident, many women wonder, “Can I sue for pregnancy complications following a car accident in Alabama?” The answer is typically yes, but with qualifications.
Unfortunately, expectant mothers can experience the worst of all pregnancy complications in a car accident. In some cases, minor complications that go undetected or untreated can develop into life-threatening conditions for mother and child and emotional trauma for the entire family.
Some of the many pregnancy complications that may occur or become exacerbated after a car accident include:
The further along a mother is in her pregnancy, the higher the risk of complications from a car accident in most cases. In other words, mothers in their third trimester are at the greatest risk of complications in a car accident.
If you are wondering, “Can I sue for pregnancy complications following a car accident in Alabama?” the answer is a qualified yes. If your car accident attorney can demonstrate that another party was liable for the accident, you may be entitled to seek damages for your losses and the losses your child has suffered.
Liability arises when a party breaches a duty of care owed to someone and causes them to suffer injuries and losses.
In car accident cases, all drivers owe one another a duty of care to operate their vehicles in a reasonably safe manner. Failure to do so can lead to liability for accidents caused by the failure. So a pregnant mother’s injuries and those of her unborn child may be the responsibility of a negligent or reckless driver.
Depending on the nature of the pregnancy complication, both mother and child may be entitled to compensatory damages. Typical compensatory damages in car accident cases include economic damages such as:
Additionally, non-economic damages are also available for non-economic losses, which are intangible in nature but just as real as economic losses. They include:
In some car accident cases, the defendant may owe punitive damages if they were involved in particularly bad behavior, such as wanton disregard for the rights and safety of others.
There are seemingly countless car accidents in Alabama every year, and many of them involve pregnant women. The cause of most of these crashes is negligence, which is essentially a failure to exercise proper care when around others. It typically manifests in the following fashions:
Although they cause most accidents with pregnant women, other drivers are not to blame for all of them. Other liable parties besides the driver could be the automobile maker, distributor, or retailer because of faulty vehicle parts. It could also be a road contractor or some other party, such as the employer of a driver on the road. Regardless of who it may be, your attorney must demonstrate that the pregnancy complications specifically came about due to an act of negligence, at minimum.
If you have experienced pregnancy complications in Alabama after a car crash, you can start your path toward compensation by meeting with an experienced car accident lawyer in Alabama. A car accident attorney will safeguard your interests while seeking maximum compensation for the losses you and your family have suffered.
At least one insurance company will be involved, and you can expect it to offer you far less compensation than your case deserves. For this reason and others, it is important to speak with an attorney before making any statements or agreeing to any settlement offers. With an attorney on your side, you will learn the true value of your case, which is typically far higher than an insurance company’s typical first offer.
You will also have the time to tend to your circumstances and recover without worrying about getting justice for your injuries and the injuries suffered by your child. Your car accident lawyer will handle everything.
If you are seeking compensation for pregnancy-related complications, it is important to take quick legal action to get maximum compensation. The longer you wait to take action, the weaker your case might get due to issues such as evidentiary issues. For example, video footage from various sources may be available after a traffic accident. However, as time goes on, video footage eventually gets erased, be it from traffic cams, security cameras, or residential home cameras.
There’s also a statute of limitations of two years for car accident damages in Alabama. That clock begins ticking on the day of the accident. However, if the mother was a minor at the time of the accident, the statute of limitations may be tolled for the mother as well as for the child if injury or death occurred.
Car accidents can lead to all manner of problems and complications for pregnant women. If you or someone you know has been in a crash while pregnant and has suffered negative consequences as a result, Caldwell Wenzel & Asthana can potentially help. Call (251) 444-7000 for a free consultation.