Providing Strong Representation to the Wrongfully Injured Contact Our Firm Today for the Help You Deserve

Miscarriage After an Accident: Legal Action

Long Beach Personal Injury Lawyer

Few incidents are more emotionally devastating than the loss of a fetus through a miscarriage. There are certain factors that contribute to a miscarriage, one of which is an impact, whether from a slip & fall, car accident or other similar trauma. If another party failed to exercise reasonable care for the safety of others, whether in driving negligently, such as while drunk, distracted, speeding, texting, racing or other situation such as failing to maintain safe premises, it may be possible to file legal action to recover financial compensation.

As California law does now allow for a wrongful death claim to be filed after the death of an unborn baby, the legal action is addressed through proving that the miscarriage would not have occurred had the accident not taken place, and is based upon the emotional losses experienced by the mother. A professional medical expert must be called upon to present evidence regarding "causation" – that the miscarriage was the result of the impact, fall or other situation. The medical expert must be willing to make a statement in which it is clear that it is more likely than not the accident caused the miscarriage, and that had the accident not taken place, it is very likely that the baby would have been born alive.

As there is no right in our state to sue for wrongful death for the death of a fetus, the claim will be related to the extreme emotional distress suffered by the mother due to the loss of her child. The suffering of a mother who has lost a child is significant. She can have years of pain and suffering after the loss of a baby. In most cases, in a claim filed to recover compensation, it can be easier when the pregnancy is further along. It may be far easier to connect the two – the accident and the miscarriage – when the pregnancy has progressed past a certain point.

Justice and Compensation for Miscarriages Caused by an Accident

It can be difficult to find an OBGYN who is willing to get involved and give clear testimony about the miscarriage and the causation related to the accident. It is vital to have the support of a personal injury lawyer that can call upon expert medical witnesses to help support your claim, and who are willing to show this causation.

The insurance company is likely to vigorously dispute the facts, and the connection between the accident and the miscarriage, particularly if the miscarriage occurred several weeks after the accident, or when the miscarriage is early in the pregnancy.

Some of the points that the insurance company could raise include:

  • Any prior history of miscarriage
  • Your age (as older women are at higher risk of miscarriage)
  • If it was an early pregnancy (which are more likely to result in miscarriage)
  • If the accident was so minor that it was unlikely to be the cause
  • If it was an unplanned pregnancy and the victim was unaware that she was pregnant until the miscarriage
  • If the individual was unmarried
  • If the victim has had several abortions and would have likely terminated the pregnancy
  • If the victim has other children and the loss was not significant.

All of these shocking claims could arise and need to be addressed by a legal professional.

Insurance companies frequently vigorously fight a miscarriage caused by accident claim. You deserve justice and compensation. It is advised that you engage the services of our firm, McGee, Lerer & Associates to assist you. We take these cases personally, and you can be confident that we are professional, determined and resolute advocates for your rights.

Contact our firm for information and a free consultation. No fee unless we win.

Why We're the Team for You

  • Individual Attention

    We take the time to understand all the unique factors of your case to achieve the best results.

  • No Fees Unless We Win

    If we are unsuccessful in our efforts to recover your compensation, you owe nothing.

  • 24/7 Availability

    We can be available nights and weekends and come to you at the hospital or at home.

  • Four Convenient Locations

    If your current attorney gives you doubt, we will review your case at no cost to you.