If a car accident caused a miscarriage, a lawsuit may be possible to help you recover compensation for your damages. Consult an attorney, though, because these types of cases can be challenging to prove.
If you recently suffered a miscarriage and you’ve also recently been in an accident, it’s possible that the two are linked. When you see your physician, make sure to tell him or her about your accident as well. In fact, if you are in an accident, you should always see a doctor even if you don’t feel hurt, especially if you are pregnant.
If your family has recently received news of miscarriage, we offer you our condolences. In the midst of your heartbreak, it’s important to look into your legal options for retribution because it’s likely you are entitled to damages for your loss.
Proving the Miscarriage was Related to the Accident
If you were in a car accident and suffered a miscarriage as a result, you might be entitled to monetary compensation for your losses. However, in order for you to be able to prove your case, there will have to be medical evidence that links your miscarriage to the accident. Doctors’ testimonies that demonstrate “causation” can substantiate your case.
You can consult a personal injury attorney for help securing medical expert testimony. Injury attorneys have access to certified medical field experts who can provide witness testimonies. A field expert can review your case and provide helpful evidence to support your claim or lawsuit against the other driver.
Why are accident-related miscarriages difficult to prove?
Frankly speaking, insurance companies will try their hardest to prove your miscarriage was unrelated to the accident. They will do this to reduce their payout to you, and improve the company’s bottom line.
Below are a few of the possible counterclaims an insurance company might make.
- The accident was too minor to have caused the miscarriage.
- You had a history of miscarriages.
- The pregnancy was early on, the most common time for miscarriages.
- You are at a relatively advanced age, making you predisposed to miscarriage.
- The miscarriage was spontaneous.
- You have other living children (attempting to discredit your emotional damages).
Two Elements of Proof
As unscrupulous and ill-spirited as some of the above defenses seem, the insurance company might be able to get away with those excuses unless you have evidence from a medical expert.
To prove your car accident claim and recover damages for the loss of your unborn child, the medical expert will have to be provide testimony regarding the following two elements.
- The accident most likely caused the miscarriage.
- Had the accident not occurred, you most likely would have held your baby to term and had a live birth.