Car accidents can lead to traumatic injuries and long-term complications- risks that are even more profound for pregnant women. A car accident case involving a pregnant woman could have tragic or complex consequences, but compensation is available to help victims through a difficult time.
When considering the average settlement for a car accident while pregnant, Indiana claimants must be aware of the variables that apply. It is impossible to put a rough figure on what a settlement is likely to be- since many factors contribute to the eventual outcome. Rather than questioning the average settlement, it is best to look at the things that impact claims, compensation, and outcomes. An Indianapolis vehicle accident law firm can help with this.
What Factors Impact a Car Accident Settlement Amount for Pregnant Women?
To understand how much a settlement may be for a car accident while pregnant, the first things to explore are the key contributing factors that make up a claim.
Extent of Injuries to the Mother
Anyone who has suffered injuries in a car accident that was not their fault is eligible to claim compensation. A car crash resulting in severe injuries is almost always likely to settle higher.
The injuries sustained by the pregnant woman play a vital role in determining compensation. Any injury that is permanent, causes disfigurement, or has a long-lasting impact on quality of life has a better chance of a maximum settlement. That said, soft tissue damage, minor breaks or fractures, and other less significant injuries- especially when someone is pregnant- can still cause pain and suffering, so there is always a case to be made.
Extent of Injuries to the Unborn Child
In car accidents while pregnant, it is not only the mother's injuries that count. An unborn child is at risk of problems and complications when car crashes happen. Fetal injuries can lead to birth defects, premature birth, and even miscarriage. The greater the impact of the accident on an unborn child and their potential quality of life, the higher the settlement tends to be.
Total Medical Costs and Other Economic Damages
Like any car accident claim, the total expenses related to the incident make up a central part of a settlement. Past and future medical bills, property damage, lost wages, and other out-of-pocket expenses are calculated and used as the basis for a claim. These include surgery costs, money spent traveling to and from hospital appointments, hospital stays, rehabilitation, lost income during recovery, and repairs to vehicles. Schuerger Shunnarah Trial Attorneys can also help with questions like what does no-fault mean in car accident law?
Non-Economic Damages for Pain and Suffering
Money spent is not the only loss following a car accident. The mental anguish and emotional pain caused must also be considered. Pain and suffering damages cover the lasting impact of an accident. These include permanent changes to the quality of life, disfigurement or scarring, the loss of companionship or enjoyment of life, and reduced capability to work or live as the person did before the incident happened.
Non-economic damages are more difficult to calculate but are comparable to the injuries and consequences involved.
Contributory Negligence
Another thing that can influence a settlement amount is contributory negligence. In Indiana, the law states that a person must be less than 50% to blame for the accident. If the at-fault driver (defendant) claims the pregnant person was also negligent and therefore shares responsibility, a divided percentage must be applied. Whatever percentage is applied to the victim is deducted from the settlement amount.
Here is an example. A pregnant woman is awarded $100,000 in compensation but is determined to be 20% at fault. The settlement amount would be reduced by 20%, making the eventual figure $80,000.
Additional Complications in a Car Accident Claim Involving a Pregnant Woman
Where car accidents involving pregnant women differ slightly is the potential complications to the pregnancy. This includes the additional medical bills and risk to the unborn child. Some of the most common complications following car accidents while pregnant include:
Miscarriage
Stillbirth
Birth defects
Placental abruption
Premature birth
Emergency C-section
Uterine injuries
Pregnant women are often determined high-risk after involvement in a car accident. This means additional medical care, higher bills, and more stress for the mother. Sadly, some don't get that far- with the accident resulting in the loss of their unborn baby or the need for an emergency premature birth. Babies that are born early or with problems because of the accident also need extra care- and may even end up with life-long issues.
In cases where the unborn child survives the accident and does not have any resulting complications or health problems, the stress it puts on the mother for the remainder of the pregnancy is something that must be accounted for. Maternal shock is a common problem, as is PTSD- both of which can make it harder for women to properly care for their newborns.
The impact a car accident has on the mother and the child is taken into account when agreeing on a settlement. There are two people involved (more in a multiple pregnancy), so both people's lives should be considered. Schuerger Shunnarah Trial Attorneys can assist with situations like an amazon truck hit my car who do I call?
Can Pregnant Car Accident Victims Make a Wrongful Death Claim?
Tragically, the loss of a fetus is not uncommon following car accidents. Indiana law allows mothers who lose their child in an accident caused by someone else's negligence to file wrongful death lawsuits- but only if the fetus is viable.
This means that the fetus must have been capable of survival outside the womb before the accident happened. If this applies, compensation can be claimed for the funeral expenses, any required medical care, administration costs, counseling expenses for surviving family members, the mental anguish of losing an unborn child and dealing with a loved one's death, and the loss of consortium between the parents.
If a pregnant woman is fatally injured in a car accident, the family could make a wrongful death claim for both individuals if the viability requirements are met.
Settlement VS Personal Injury Lawsuit
Settlements are agreed out of court between the victim and the at-fault party's insurance company. They include economic and non-economic damages and are negotiated until an agreement is reached. If a fair settlement cannot be agreed upon, the victim can then file a lawsuit- taking the case to court, where a judge will decide how much compensation is owed. Lawsuits may also lead to punitive damages against the negligent party.
Schuerger Schunnarah Go to War for Indy Car Accident Victims
Any pregnant woman involved in a motor vehicle accident that was not their fault can seek compensation with the help of Schuerger Schunnarah Trial Attorneys. This elite legal team fights for the maximum settlement and justice for those affected. Arrange a free consultation with passionate and dedicated attorneys who care- and will go to war for Indy car accident victims and their loved ones.