Earlier this month, a pregnant woman was hospitalized after she was injured in a rollover accident in Bridgeport, Connecticut. The accident occurred when a man who was fleeing police ran into her car as she was turning into her driveway. Her SUV rolled over.
According to authorities, the at-fault driver was spotted burglarizing a Fairfield office building. An unmarked squad car followed him when he got into his car, beginning a chase that eventually included multiple police cars. The chase led to Bridgeport, where the suspect struck the woman’s car.
Thankfully, the woman was not seriously injured and it appears her baby is okay. Yet, this car accident begs the question: What would have happened if the woman and her baby were injured? Can a family recover compensation for an infant injured in utero?
A mother can recover compensation for all of her injuries in a car accident, including injuries related to the unborn child. Any medical bills that arise out of the accident, including medical bills related to the baby’s distress, can be considered in a personal injury claim.
Additionally, parents can bring a civil cause of action on behalf of the unborn child for the injuries he or she sustained in an accident. However, the damages cannot overlap. In other words, if the mother receives compensation for medical bills related to the fetus, the parents will not be able to recover additional compensation for those same bills through a lawsuit in the fetus’ name.
Most importantly, if you are involved in a car accident while pregnant, seek medical attention immediately. The womb is a place of protection for the baby, but it is possible that problems can occur, such as the placenta separating from the uterus (placental abruption). Even if you are deemed healthy, pay attention for certain signs of distress throughout your pregnancy, including: bleeding, abdominal pain, unexpected contractions and a change in the baby’s movement (reduction). These may be signs of undetected problems related to the car accident.
Source: CtPost.com, “Pregnant woman injured in crash during police pursuit,” Tom Cleary, July 9, 2012.