Pregnant in a car accident: WI liability law & protecting your baby Pregnant in a car accident: protecting your baby under Wisconsin liability law

Most common risks to pregnant women involved in auto accidents:

Placental abruption
Premature birth
Miscarriage
Internal bleeding/hemorrhaging
Birth defects
High-risk pregnancy

Even minor fender benders can be life-threatening for both baby and mother

According to the Centers for Disease Control and Prevention (CDC), auto accidents are the leading cause of traumatic fetal deaths. Here’s a real-life scenario showing how important it is for a pregnant woman to get medical attention after an accident, even if it’s a minor auto accident:

A woman who was in her second trimester of pregnancy was waiting for her husband in a car in a parking lot when another driver accidentally hit the gas instead of the brakes and bumped into her car. The bump wasn’t severe enough to deploy air bags, and she had no injury or pain. Like many women, she had no idea a minor fender bender could cause a problem.

Two days after the bump in the parking lot, she delivered the child 6 months into her pregnancy due to placental abruption. At the hospital, doctors found she had been bleeding internally for 2 days and had lost one-fourth of her blood volume. She nearly died. Unfortunately, her son died of complications from his premature birth.

Placental abruptions—when the placenta separates from the inner wall of the uterus before the child is born—are statistically rare, but fairly common in auto accidents. They put both child and mother at grave risk. They’re just one of many reasons to get medical attention after an accident—even a seemingly minor one.

See a doctor; consult an attorney

If you’ve been injured in a Wisconsin car accident while pregnant, medical attention is your first priority. Not just for yourself, but also for your unborn child. Afterward, it’s highly advisable to consult a personal injury attorney. Besides handling all the details of a claim for your injury, our Milwaukee personal injury attorneys can advise you on how we would proceed with claims for any ongoing special care needed during the remainder of your pregnancy and, if necessary, any claims we could file for injury to your child (after the child’s birth).

Accidents while pregnant will result in higher medical fees. Aside from getting necessary coverage for immediate medical care, a personal birth injury attorney can help ensure you're covered for any ongoing special care needs resulting from the accident. Claims should include any injury to you and your child (both before and after birth). Always see a doctor as soon as possible if you're in an accident while pregnant.

Can you sue to recover medical expenses for extra pre-natal care after an accident?

Generally speaking, yes. The Emergency Room visit after your accident, the follow-up visit with your doctor, and any special treatment you are prescribed as a result of the accident are all expenses which should be reimbursed to you by the at-fault driver’s insurance policy. What complicates matters is that special care may be ongoing, and the length of time can vary depending on your due date.

In some instances, it may be possible to establish a recurring payment from the at-fault driver’s insurance company to cover these expenses even before any settlement or judgment is reached. This will require the involvement of an attorney to ensure you are treated fairly by the insurance company. The worst thing you could do is use your own Google research to determine your medical needs and what is likely to be covered. Experienced personal injury lawyers will review your case for free and advise you on how to ensure compensation.

Since medical expenses can add up quickly, many Wisconsin drivers opt for Medical Payments Coverage in their insurance policies. This coverage will generally pay for any medical costs you incur as a result of a car accident—no matter who is found to be at fault. In most cases, your health insurance will cover the cost of your medical care, with the Medical Payments Coverage serving as secondary insurance up to the limits written in your auto insurance policy. An injury lawyer’s job is to know the ins and outs of liability and insurance coverage.

Can you sue for damages to your baby before the baby is born?

Consult a lawyer before your baby is born. You might not know the effects of the accident for months. An injury attorney will guide you towards ensuring insurance covers your best options for testing and treatment. You might be scared of mounting medical bills. An experienced lawyer can help you figure out your finances and credit during this difficult time.

What if your unborn child dies as a result of an auto accident?

This is a tragedy we hope never befalls anyone. If it does, however, Warshafsky Law is here to help ensure you are compensated for the full extent of your loss, including the maximum pain and suffering compensation possible under Wisconsin law.

Free legal consultation and no fees until you win

When you’re pregnant, the thought of being in an accident is terrifying. Besides the risk of injury to yourself, there’s the very real possibility of injury to your unborn child. Obviously, the more serious the accident, the greater the risk of harm, but even a sudden stop to avoid an accident can cause injury. Get medical attention and contact a Milwaukee auto accident lawyer. A free legal consultation will walk you through how to ensure insurance coverage for the highest levels of treatment and testing. See a doctor as soon as possible, even if you have no obvious signs of injury. An experienced OB/GYN physician will be able to assess the condition of the fetus and make recommendations for any additional care you might need throughout your pregnancy.

Even if you are uninsured, in a single-car accident or the other driver fled the scene, our certified investigator and on-staff medical doctor can often discover hidden causes of injury who will pay for your injuries. You should consult with an attorney to make sure you will be compensated for your medical treatment and testing.

Warshafsky Law offers a free initial legal consultation to expectant mothers concerned about the potential harm of an auto accident to their unborn child. There is no obligation whatsoever, but if we can help and you choose to hire us, you’ll owe nothing until your case is resolved and you have been paid.