Car accidents are never pleasant and, in some circumstances, a car wreck can cause serious injuries. However, if you’re expecting a child, being in a car accident can be especially dangerous and terrifying for obvious reasons—not only are you worried about yourself but most importantly, the well being of your unborn baby.

Pregnant women who suffer blunt force trauma in a vehicle crash are at serious risk of miscarriage. A miscarriage can be caused either indirectly or as a result of trauma to the fetus. No matter the cause, losing a child is never easy and can be especially difficult if the miscarriage happened at the hands of a negligent driver you had the misfortune of coming across on the road.

If you’ve been injured in a catastrophic car crash resulting in the miscarriage of your unborn child, and accident-related expenses have exceed your PIP auto insurance policy limit, you may be entitled to additional compensation from the responsible driver.

Now may be a good time to reach out to an experienced Florida car accident attorney who can evaluate your case and help you understand your legal options.

How Can a Car Accident Cause a Miscarriage?

Not all car accidents cause a miscarriage. In fact, the chances of severe injury to a fetus are low, meaning most pregnant women involved in auto collisions don’t end up miscarrying their babies.

However, whether you suffer a miscarriage depends on the type and severity of the crash. A car accident can cause a miscarriage if you experience a significant amount of trauma to your abdomen. This trauma can cause the placenta to separate from the uterus, leading to a miscarriage. Additionally, if you experience a high-speed impact or are thrown from the vehicle, you may suffer from blunt force trauma that can cause a miscarriage.

How to Establish Liability for a Miscarriage Caused by a Car Accident

If you suffered a miscarriage as a result of a car accident and wish to be compensated for you losses, you’ll need to establish liability by proving the other driver was negligent in some way.

This could include speeding, failing to yield the right of way, driving while distracted or under the influence of drugs or alcohol. You must also prove that the other driver’s negligence was the direct cause of the miscarriage. Additionally, you can use evidence such as police reports, witness statements and medical records to support your claim of negligence.

Although filing a person injury claim cannot reverse undue the loss you suffered, if liability is established, you may be able to recover compensation for any medical expenses related to the accident, lost wages, pain and suffering and other damages.

Does My Miscarriage Qualify as Wrongful Death?

Unfortunately, a miscarriage doesn’t qualify as wrongful death in Florida. Wrongful death is defined as the death of a person caused by the negligence or misconduct of another person or entity. A miscarriage doesn’t meet the conditions of a wrongful death claim. If you’ve suffered a miscarriage from your car accident, you can only pursue compensation by filing a personal injury claim.

How Can an Attorney Help Me with my Miscarriage Personal Injury Claim?

Although filing a personal injury claim against the party who caused you injuries and suffering can be done without legal help, the process that follows is anything but easy. Keep in mind, the negligent party’s insurance carrier will likely go to great lengths trying to either deny or underpay your claim, as their main goal is to make money—not give it away.

An experienced personal injury attorney can help you understand your legal rights and options and help you pursue a claim for damages. Your attorney can investigate the circumstances of your case, gather evidence, negotiate with insurance companies, and represent you in court if necessary. An attorney can also ensure that paperwork is promptly and properly filed.

Reach Out to a Florida Car Accident Attorney Today

At Kanner & Pintaluga, we understand losing an unborn child can be a painful and life-altering experience. While your physical wounds will heal, the psychological pain and suffering may linger for a long time.

Although we cannot undo your loss, we can help you get justice by holding the at-fault party accountable for their negligent actions.

Call us today at 800.586.5555 for a free case evaluation.