Under N.C. Gen. Stat. § 28A-18-2, as interpreted by North Carolina courts, the personal representative of a viable unborn child’s estate may be able to pursue a wrongful death claim if the crash causes the child’s death. You may also be able to seek compensation for your own losses, including extra prenatal monitoring, medical treatment, lost income, pain and suffering, and ongoing care if your child is born with crash-related injuries.
This guide explains your potential damages and what to do after an accident. Riddle & Riddle Injury Lawyers has helped injured North Carolinians since 1985. Call (919) 589-4563 or contact us online today.
What Should You Do Immediately After a Car Accident While Pregnant?
The medical journal, Injury Prevention, explains that even minor car crash injuries can create a heightened risk of “serious” birth injury complications, including heavy bleeding, a placental abruption, and the need for a cesarean section.
That’s why it is so important to take the right steps after an accident. This can include:
- Going to the ER or OB immediately after the accident, even when there are no obvious symptoms, so you can make sure the baby is safe
- Gathering evidence from the crash scene, which will be very important if you need to make a legal claim
- Contacting an attorney who can help you deal with the insurance company, conduct an investigation, and address the complexities that arise when you get into a car accident while pregnant.
Since so much more can go wrong with a baby, and you may not know what is going on inside your uterus, getting immediate medical care is especially critical in these difficult situations.
Common Pregnancy Risks and Injuries Following a Car Accident
Some of the most common pregnancy-related injuries after a car accident include:
- Placental abruption: The placenta separates from the uterus, which can reduce oxygen and nutrients to the baby and cause heavy bleeding.
- Miscarriage or pregnancy loss: Trauma from a crash may cause the loss of the baby.
- Preterm labor: The accident may trigger contractions or cause labor to begin too early.
- Uterine injury or rupture: In rare cases, the force of the crash can injure or rupture the uterus.
- Direct harm to the fetus: Impact or compression during the crash can injure the baby.
- Amniotic fluid leak: Trauma can rupture membranes, causing amniotic fluid to leak.
- Pelvic or abdominal bruising: The impact of the crash may cause bruising or pain in the abdomen or pelvis.
These injuries are not always obvious right away, so seek medical care promptly and monitor symptoms closely.
What Are Your Legal Rights as a Pregnant Accident Victim in North Carolina?
A North Carolina car accident lawyer can help you understand whether you may have a personal injury, fetal injury, or wrongful death claim after a crash while pregnant.
You may be able to seek compensation if the accident caused pregnancy complications, extra pain, emotional distress, higher medical bills, lost income, or other losses. This applies whether your injuries involve a broken bone, concussion, or pregnancy-related medical issue.
If your child is born alive with injuries caused by the crash, a claim may be available for the child’s medical needs and other damages. If the unborn child dies, a wrongful death claim may be available if the fetus was viable.
These cases can involve complex medical and legal questions. Riddle & Riddle has fought for car accident victims for decades and can help families understand their rights after a pregnancy-related crash.
What Compensation Can You Recover After a Pregnancy Car Accident?
If another driver caused your accident, you may be entitled to compensation through a North Carolina injury claim. The compensation available will depend on the severity of your injuries, how the crash affected your pregnancy, and whether your baby was harmed.
Common types of compensation after a pregnancy-related car crash may include:
- Medical expenses: ER care, ambulance costs, extra prenatal visits, ultrasounds, hospitalization, specialists, surgery, medications, and ongoing treatment for you or your baby.
- Fetal monitoring and pregnancy-related care: Additional fetal heart monitoring, high-risk obstetric care, or other crash-related prenatal treatment.
- Lost wages: Income you missed because your injuries or pregnancy complications kept you from working.
- Reduced earning capacity: Compensation if long-term injuries affect your ability to work or earn the same income.
- Pain and suffering: Physical pain and discomfort caused by the crash.
- Emotional distress: Anxiety, trauma, depression, or fear related to your injuries or your baby’s health.
- Wrongful death damages: Damages that may be available after the death of a mother or viable unborn baby.
What Happens If My Baby is Injured, Stillborn, or Miscarried?
Under North Carolina law, it is possible to pursue a wrongful death claim for the death of an unborn baby if the baby was viable. Typically, viability occurs at around six months; however, it is also a medical and factual question, generally focused on whether the fetus was capable of life independent of the mother.
Even if the pregnancy was not yet viable, parents may still be able to pursue compensation for the physical injuries to the mother, emotional distress, medical treatment, and other damages caused by the crash and the death of the unborn child.
How Long Do You Have to File a Pregnancy Car Accident Claim?
The statute of limitations for personal injury claims in North Carolina is typically three years under N.C. Gen. Stat. § 1-52(16). However, wrongful death claims typically must be brought within two years of the incident. On the other hand, claims involving minors can be tolled until the child reaches adulthood, so the deadline is extended in some cases.
How Pregnancy Can Impact Your Injury Claim
Pregnancy can create complications in a car accident injury claim because you may be entitled to a larger amount of damages if the accident caused lasting harm to your baby.
Complex issues also arise in many situations where you get into a car accident when you are pregnant, as you may need to prove the viability of the baby to pursue a wrongful death claim.
An experienced North Carolina car accident attorney can help you to show the harm to mother and baby occurred as a direct result of the crash, and can also assist you in demonstrating the extent of your losses.
How Is Liability Determined in a Pregnancy Car Accident Case?
North Carolina has an at-fault system for car accidents, which means the driver who caused the accident is liable for losses. It is up to you to prove:
- That the at-fault driver was negligent, which means they broke a safety rule or were unreasonably careless behind the wheel, compared to a hypothetical reasonable driver
- That negligence was the direct cause of the crash and the resulting harm to mother and baby.
- That you suffered damages you should be compensated for.
Expert testimony, eyewitness testimony, and evidence from the crash scene can all be used to prove fault.
Why North Carolina’s "Contributory Negligence" Law Matters
In North Carolina, courts have long held that when someone is partly responsible for their own injuries, they cannot recover compensation from others who also share the blame. This is called a contributory negligence rule.
However, there are legal doctrines, such as the “last clear chance” rule, that can allow a motorist who feels they shared responsibility to still take legal action if the other driver has the last, best chance to prevent the accident from happening.
Dealing With Insurance Companies After a Pregnancy-Related Car Accident
Insurance companies often try to limit payouts after a crash, especially when pregnancy complications or injuries to a baby make the claim more expensive. An insurer may dispute fault, question the severity of your injuries, or argue that the baby’s harm was not caused by the accident.
Be careful about what you say, and avoid giving a recorded statement before speaking with an attorney. A lawyer can communicate with the insurer, protect your claim, and push back against low settlement offers.
Riddle & Riddle understands these tactics and fights to recover the compensation pregnant crash victims and their families deserve.
Why You Should Speak with a Riddle & Riddle Car Attorney?
Riddle & Riddle is a family-run law firm, serving all major cities in North Carolina, including Raleigh, Charlotte, Durham, Greensboro, and Fayetteville. We have represented injured North Carolina residents for over four decades, and have recovered more than $900 million for clients just since 2000.
Our firm’s motto is that Justice Counts™ for everyone, including your unborn baby. We combine thorough investigation, strategic case preparation, and personalized client care to maximize your chances of getting the justice you deserve, and we don’t charge legal fees unless we win.
Talk to a North Carolina Car Accident Lawyer Today
When you are involved in a car accident during pregnancy, you need to focus on yourself and your unborn child. Let Riddle & Riddle take care of the legal details, including fighting for the money that you, your child, and your family need to rebuild.
To find out more about how a North Carolina car accident lawyer at our firm can help, give us a call at (919) 589-4563 or contact us online today to learn how a North Carolina car accident lawyer can help.
