What If You’re in a Car Accident While Pregnant?

If you’re in a car accident while pregnant, call emergency medical personnel, report the crash to police, and seek immediate medical care, even if you feel fine. You should also document the accident scene, exchange insurance information, and keep records of your medical care. Then, notify your insurance company and consider legal help before accepting any settlement.

A car accident during pregnancy can leave you facing added medical costs, pregnancy complications, and uncertainty about your baby’s future. At Todd Miner Law, we secure crash evidence, connect pregnancy-related treatment to the collision, and challenge insurer attempts to downplay complications. Our goal is to secure fair compensation for your medical costs, lost income, and crash-related pregnancy complications. Call 407-894-1480 for a free consultation.

What Legal Options Do You Have After an Accident While Pregnant?

After a car accident while pregnant, you can first recover compensation through your Personal Injury Protection (PIP) coverage, regardless of who caused the crash. If your losses exceed available PIP benefits or your injuries meet Florida’s serious injury threshold, you can pursue additional compensation from the at-fault driver. Depending on how the accident occurred, you may also hold a third party responsible for your damages.

Here is how these legal options apply after a car accident during pregnancy:

1. PIP Claim With Your Own Insurer

Under Florida Statutes § 627.736, PIP generally covers 80% of reasonable and medically necessary medical expenses and 60% of lost income, subject to applicable limits. However, you must receive initial medical attention within 14 days of the accident to qualify for these medical benefits.

2. Claim Against the At-Fault Driver

In Florida, you must meet the serious injury threshold under Florida Statutes § 627.737 to sue an at-fault driver for non-economic damages and additional losses not covered by PIP. These injuries may include:

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability
• Significant and permanent scarring or disfigurement
• Death

3. Sue Other Responsible Parties

Some third parties that can be held accountable include the at-fault driver’s employer, a trucking or rental car company, a rideshare company, or the vehicle owner. Similarly, a maintenance provider, vehicle manufacturer, or government entity may also share responsibility for your losses.

Here is why these third parties may share fault:

• Driver’s employer shares liability when an employee causes the accident while performing work-related duties.
• Trucking companies can share fault for negligent hiring, inadequate driver training, unsafe scheduling, or poor vehicle maintenance.
• Vehicle owners face liability under Florida’s dangerous instrumentality doctrine when another person causes a crash using their vehicle.
• Maintenance providers share responsibility when improper repairs or maintenance cause a mechanical failure that contributes to the accident.
• Vehicle manufacturers are held liable when a defective vehicle or component causes or contributes to the crash.
• Rideshare companies can be held responsible under their commercial insurance coverage when a driver is logged into the app or transporting a passenger at the time of the crash.
• Government entities may face liability when certain road maintenance failures or dangerous conditions contribute to the accident, subject to sovereign immunity laws.
• Rental car companies may share responsibility when their own negligence contributes to the crash, such as negligent vehicle maintenance.

How Much Is a Pregnancy Car Accident Claim Worth?

A pregnancy car accident claim can be worth $10,000 to several million dollars, depending on the case facts. For example, claims involving temporary maternal injuries may fall toward the lower end. On the other hand, cases involving fetal brain damage, permanent disabilities, or wrongful death can result in significantly higher compensation.

Here is a general breakdown of potential pregnancy car accident claim values based on injury severity:

What Factors Affect Your Payout After a Car Accident?

Injury severity and pregnancy complications can significantly affect your payout after a car accident. Your medical expenses and lost wages also contribute to the claim’s value. In addition, insurers consider available coverage, policy limits, and comparative fault while valuing a car accident claim.

Here are some other factors that can affect your payout:

• Strength of liability evidence: Clear evidence that the other driver caused the crash can strengthen your position during settlement negotiations.
• Medical causation: Strong medical evidence linking the accident to pregnancy complications can make it difficult for insurers to dispute the claim.
• Recovery timeline: A longer recovery period can show that the accident had a more significant and lasting effect on your health.
• Gestational stage: The timing of the accident during pregnancy may affect the treatment needs and potential complications.
• Consistency of statements: Differences between police reports, medical records, depositions, and insurance statements can weaken the credibility of a claim.
• Number of liable parties: Multiple responsible parties may provide additional sources of insurance coverage and affect the potential recovery.

What Damages Can You Claim After an Accident While Pregnant?

You can claim damages for medical expenses, lost wages, emotional distress, additional prenatal care, and pregnancy complications caused by the car accident. Your claim may also cover future medical care for maternal injuries and reduced earning capacity if the crash affects your ability to work.

If the crash causes fetal injuries, additional compensation may apply for legally recoverable losses related to your baby. In addition, if the accident leads to premature delivery, you can also recover costs for emergency delivery, C-sections, and Neonatal Intensive Care Unit (NICU) stays.

Can Extra Fetal Monitoring Be Part of Your Claim?

Yes, extra fetal monitoring can be part of your car accident claim when doctors order it because of the crash. In such cases, you may claim compensation for additional ultrasounds, nonstress tests, fetal heart-rate monitoring, and specialist visits. However, your medical records should connect this additional prenatal care to the crash.

Here is the evidence that can help establish a connection between extra fetal monitoring and a car accident:

• Physician orders for additional fetal monitoring
• Electronic fetal monitoring strips
• Referrals showing crash-related follow-up
• Medical billing statements for added prenatal services
• Records documenting changes to your pre-accident prenatal schedule

Can You Recover Damages for Pregnancy Loss in Florida?

Yes, you may recover damages if another driver’s negligence causes a pregnancy loss in Florida. But Florida does not currently allow a separate wrongful death claim for an unborn child who was never born alive. Instead, you may seek compensation through your own personal injury claim.

However, if the baby is born alive and later dies from crash-related injuries, you may pursue a wrongful death claim under Florida’s Wrongful Death Act. You generally have two years from the date of death to file the claim. Depending on the circumstances, the claim allows you to recover damages for mental pain and suffering, along with qualifying medical and funeral expenses.

How Does Todd Miner Law Handle Pregnancy Crash Claims?

At Todd Miner Law, we investigate pregnancy crash claims by gathering key evidence to establish liability and damages. This evidence primarily includes medical records, crash reports, witness statements, insurance documents, and available vehicle data. Our team also handles insurer communications to reduce the risk of statements or paperwork that could weaken your claim.

Here are some additional strategies we use to protect your claim:

• Track claim deadlines so ongoing pregnancy treatment does not cause you to miss Florida’s filing requirements.
• Preserve future claims by reviewing releases before you sign away the right to seek additional compensation.
• Coordinate separate claims when a child is born alive with crash-related injuries and has an independent personal injury claim.
• Prepare for litigation if the insurer disputes valid pregnancy-related damages or refuses to offer fair compensation.

If you were injured in a car accident while pregnant, Todd Miner Law can help protect your claim throughout your pregnancy and beyond. Call 407-894-1480 for a free consultation to discuss your case and legal options.

Can Direct Fetal Trauma Increase Your Claim Value?

Yes, direct fetal injury can increase your claim value. It can lead to pregnancy complications, additional monitoring, and delivery-related problems. These consequences can increase the financial compensation connected to the accident and raise the overall value of your claim.

Moreover, if your child is born alive with crash-related injuries, the child may have a separate personal injury claim under Florida’s born-alive rule. This claim creates an additional source of legally recoverable damages tied specifically to the child’s injuries.

Florida law places special requirements on settlements involving minors. Under Florida Statutes § 744.3025, a guardian ad litem is generally required when a minor’s gross settlement reaches $50,000, unless an exception applies. Similarly, Florida Statutes § 744.387 generally requires a legal guardianship when the minor’s net settlement exceeds $15,000.

How Do You Prove the Crash Caused Pregnancy Complications?

To prove the crash caused your pregnancy complications, you must establish medical causation between the collision and the specific complication you developed. In such cases, your attorney can obtain testimony from your treating OB/GYN or maternal-fetal medicine specialist to explain how the crash caused, triggered, or contributed to the condition.

For disputed cases, additional evidence may include:

• Accident reconstruction reports showing the direction, speed, and force of the collision.
• Emergency transport records documenting your physical condition immediately after impact.
• Delivery records linking an emergency or premature delivery to the diagnosed complication.
• Hospital admission records establishing when the specific complication first required treatment.
• Contraction monitoring records showing the onset and frequency of premature contractions.
• Operative reports documenting treatment for uterine rupture, internal bleeding, or other pregnancy-related trauma.
• Labor and delivery records showing fetal distress, premature labor, or other complications during hospitalization.
• Maternal-fetal medicine assessments identifying the diagnosed complication and its clinical course.

Should You Settle Before Your Baby Is Born?

No, you should generally avoid settling your car accident claim before your baby is born. Settling early may exclude future medical expenses and injuries from your claim. In contrast, waiting until doctors understand your condition and your baby’s health can help establish the full extent of damage.

Here are some risks of settling the claim before your baby is born:

• Undetected fetal injuries: Some fetal injuries may not become clear until birth or during later medical evaluations.
• Unexpected delivery complications: Premature labor, placental problems, or other complications may require additional medical intervention during delivery.
• Additional specialist care: You or your baby may later need specialists whose treatment costs were not included in the settlement.
• Permanent injuries: Doctors may need more time to determine if crash-related injuries could cause permanent disabilities or long-term limitations.
• Additional lost wages: Pregnancy complications may require bed rest, more appointments, or extended time away from work.
• Unclear emotional impact: The emotional toll may become more significant if complications continue through pregnancy or affect the delivery.

What If the Insurer Says Pregnancy Caused Your Symptoms?

If the insurance company blames your symptoms on pregnancy, consult our lawyers at Todd Miner Law. We compare your prenatal records with post-crash findings to show how the accident worsened your pregnancy complications. We also consult medical professionals to establish causation and document symptoms that appeared or worsened after the car accident.

In addition, our lawyers cite Florida’s eggshell plaintiff rule. Under this rule, an at-fault party cannot avoid responsibility simply because pregnancy made you more vulnerable to injury. Instead, they may still be responsible for the additional harm the crash caused or aggravated.

Which Pregnancy Injuries Are Common in Car Accidents?

Common pregnancy injuries after a car accident include placental abruption, premature labor, uterine rupture, and direct fetal trauma. According to the National Library of Medicine, placental abruption occurs in about 1% to 5% of low-impact accidents, while uterine rupture is common in less than 1% of pregnancy cases.

Here are other serious complications or injuries a pregnant mother may experience after a motor vehicle crash:

• Low birth weight may occur when crash-related complications contribute to premature delivery or impaired fetal growth.
• Maternal shock develops after severe trauma or significant blood loss and can also compromise fetal oxygen supply.
• Premature labor occurs when crash-related trauma triggers early contractions and leads to delivery before full term.
• Fetal brain injury may follow severe direct trauma, potentially leading to brain damage or permanent disabilities.
• Premature rupture of membranes happens when trauma causes the amniotic sac to break before labor begins.

Can Your Partner File a Claim After the Accident?

Yes, your partner may file a claim after a car accident while pregnant if your injuries affect your marital relationship. In Florida, a legal spouse may pursue a loss-of-consortium claim. This claim covers the following non-economic damages:

• Reduced companionship and affection
• Less emotional support and comfort
• Additional household responsibilities
• Changes in physical intimacy
• Reduced care and assistance within the marriage

However, your spouse can recover these damages only if you have a valid injury claim. If the other driver is not legally responsible for your injuries, your spouse cannot receive loss of consortium compensation from that driver.

Hurt in a Car Accident While Pregnant? Call Todd Miner Law to File a Claim Against the Responsible Party!

A pregnancy car accident can lead to losses that continue long after the crash, including additional treatment, complications that affect delivery, and injuries to your fetus. At the same time, insurers may dispute the connection between the collision and those losses, which can reduce or delay the compensation you recover.

At Todd Miner Law, our lawyers review crash evidence and medical records to establish how the collision affected your pregnancy. We also counter insurer arguments through strategic negotiations. Since our founder previously worked in insurance defense, we understand how insurers evaluate and challenge pregnancy-related accident claims. Call 407-894-1480 or visit us at 915 Outer Rd, Orlando, FL 32814 for a free case review.

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