Numerous factors must be considered when calculating an appropriate settlement amount. That’s why we believe that trying to pinpoint an average settlement for a car accident while pregnant is probably not in your best interest.
We believe that “average settlement amounts” can provide unhelpful and even misleading information. The factors that distinguish one case from another are so important that simply adding their respective settlement amounts together and dividing by two provides a figure that may “feel” satisfying on some level but is actually meaningless in terms of either injured person building an understanding of their own claim’s value.
Our New York car accident lawyer will explore factors that influence settlement amounts, the types of damages one can claim, and what steps to take to ensure the best possible outcome.
- Factors Influencing Settlement Amounts
- Types of Damages You Can Claim After a Car Accident While Pregnant
- Steps to Take After a Car Accident While Pregnant
- Legal Considerations and Statutes Affect the Settlement Amount After a Car Crash
- Call Friedman & Simon, L.L.P. For a Free Consultation
Factors Influencing Settlement Amounts
Being involved in a car accident while pregnant can be an overwhelming and frightening experience. Concerns about your health and the well-being of your unborn child can make it difficult to know where to turn or what to do next. Understanding the average settlement for a car accident while pregnant and the steps you should take can provide some clarity and help ensure you receive fair compensation.
The following are some of the factors that influence a settlement amount.
Medical Expenses
Medical expenses are a significant component of any car accident settlement, especially when pregnancy is involved. After an accident, immediate medical attention is crucial. This includes emergency room visits, hospitalization, and required surgeries or treatments. Pregnant women may also need additional prenatal care to monitor their baby’s health. If complications arise, or there is a premature birth, specialized medical care will be necessary, which can be costly. Documenting all medical expenses meticulously, including anticipated costs, is essential for an accurate settlement.
Pain and Suffering
Pain and suffering refer to the physical and emotional trauma caused by the accident. For pregnant women, this can be particularly significant. Physical pain from severe injuries and emotional distress, such as anxiety about the baby’s health, are essential factors. This also includes the impact on daily life and overall quality of life. Calculating pain and suffering is more subjective than medical expenses. Insurance carriers may try to apply a multiplier of the actual medical costs to determine an amount but our firm believes that such a “cookie cutter” approach fails to take into account the unique post-accident experience of our injured clients and highlighting the experience of our individual clients rather than applying an arbitrary formula is the foundation principle of the advocacy we provide.
Lost Wages and Earning Capacity
Injuries from an auto accident can result in time off work, affecting your income. For pregnant women, this can include the time needed for recovery and any long-term impacts on the ability to work. Compensation for lost wages covers the income lost during the recovery period. If injuries lead to long-term disability or affect your ability to return to work, compensation may also cover loss of future earning capacity. Detailed records of your post-accident employment as indicated in documentation from your employer are essential components of the case your lawyer will use to build your case.
Property Damage
Property damage covers the cost of repairing or replacing your vehicle. After an accident, you will need estimates or receipts for vehicle repairs. If your car is totaled, the cost of replacing it with a similar model is considered. Understanding your insurance policy limits and coverage is also important when calculating property damage settlements. We will provide guidance as you navigate whether to make a property damage claim against your own vehicle’s coverage or the coverage of the at-fault vehicle
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Types of Damages You Can Claim After a Car Accident While Pregnant
Economic Damages: Economic damages include tangible costs directly resulting from the accident. These typically cover medical expenses, lost wages, and property damage. Documenting these costs thoroughly is crucial for an appropriate settlement.
Non-Economic Damages: Non-economic damages are less tangible but equally important. They include compensation for pain and suffering, which encompasses physical pain and emotional distress. This also includes loss of enjoyment of life due to the accident’s impact on daily activities and overall well-being.
Steps to Take After a Car Accident While Pregnant
If you were in a car accident while pregnant, the steps you take immediately after the crash can influence the settlement you receive.
Seek Immediate Medical Attention: The first and most crucial step after any car accident is to seek medical attention. This ensures that any injuries are promptly treated and your pregnancy is closely monitored. Visit the emergency room or your healthcare provider immediately after the accident and follow up with all recommended prenatal appointments.
Document the Accident: Proper documentation is essential for building a strong case and securing a fair settlement. File a police report and keep a copy for your records. If safe to do so, please take photographs and video of the accident scene, vehicle damage, and visible injuries. Gather contact information so that your lawyer will be able to obtain statements from witnesses. These various items can serve as crucial evidence in proving fault and substantiating claims.
Contact a Personal Injury Lawyer: Consulting a personal injury law firm that concentrates on car accident cases will improve the chances of receiving a fair settlement for any prenatal injuries sustained. An experienced and dedicated car accident lawyer can provide professional advice on your legal options, accurately evaluate your case, file your claim, and represent you in negotiations with insurance companies. If necessary, they can also file a lawsuit and represent you in court.
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Legal Considerations and Statutes Affect the Settlement Amount After a Car Crash
Several laws can affect the settlement amount you receive.
Statute of Limitations
The statute of limitations dictates how long you have to file a lawsuit after an accident. This period varies by state. Filing your claim within this timeframe is crucial to preserve your right to seek compensation.
Comparative Negligence
Comparative negligence laws determine how fault is shared and affect your compensation. For example, New York is a pure comparative negligence state. This means you can receive compensation, even if you were partially responsible for an accident. However, the amount of compensation you receive is reduced by your percentage of fault.
Prenatal Injury Laws
Some states have specific laws regarding prenatal injuries, which can affect the damages you can claim. These laws may allow for claims for fetal injuries and, in tragic cases, wrongful death if the accident results in a stillbirth. Understanding these laws is essential for accurately assessing potential compensation.
A lawyer can explain all these legal considerations and how they apply to your specific case and the settlement amount you are entitled to.
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Call Friedman & Simon, L.L.P. For a Free Consultation
If you or a loved one has been involved in a car accident while pregnant, seeking professional legal assistance is crucial. Friedman & Simon, L.L.P. specializes in personal injury cases, including those involving prenatal injuries.
Our personal injury attorneys are dedicated to providing compassionate and effective representation to help you secure the best possible outcome for you and your unborn child.
Contact us today for a free consultation to discuss your case and learn how we can help you get the compensation you deserve.
Call or text 516-932-0400 or complete a Free Case Evaluation form