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How Your Pregnancy Could Impact Your Injury Settlement

Posted on February 19, 2020
How Your Pregnancy Could Impact Your Injury Settlement

When pregnant women are injured in car crashes and personal injury claims are filed, at-fault drivers may be liable for the mother’s injuries and those that affect the unborn child. Since Nevada adopted a rule that plaintiffs can sue for personal injuries and wrongful death on behalf of an unborn fetus, the stakes can be high in pregnancy-related car accident cases.

Trauma During Pregnancy in Nevada

Some studies indicate that pregnant women in the second trimester are 42% more likely to become involved in a motor vehicle collision than women during the entire three year period before their pregnancy. Pregnant women who are injured in car accidents may face significant risks to their own health and the health of their unborn children. Seatbelts, steering wheels, and other common hazards can become even more hazardous when they strike a pregnant woman. Of all causes of trauma during pregnancy, motor vehicle accidents account for approximately 48% of cases. Motor vehicle accidents are responsible for causing roughly 82% of fetal deaths. Even minor accidents have the potential to cause serious injury to mother and child, so getting prompt medical attention is vital following even a “minor” fender bender.

Financial Compensation for Damages

Pregnant women who are injured in car accidents can pursue compensation for their injuries from the individual responsible for causing the accident. These can include physical damages, emotional damages, etc. If the unborn fetus dies in the accident, the mother can also pursue a wrongful death claim against the responsible party. However, in such instances, the fetus must have been viable at the time of the fatality accident. To be considered viable, the fetus must have reached a gestational age where he or she would potentially survive with assistance outside the womb, such as in a NICU under intensive care and supervision by trained medical personnel. 

The Importance of Early Treatment for Pregnancy Injuries in Nevada

Undergoing a thorough medical exam immediately following a motor vehicle accident can help ascertain the full extent of the injuries and allow for early intervention that can save the fetus from life-threatening consequences. This is crucial because trauma is responsible for critical complications in one in every twelve pregnancies in the United States. Further, approximately 60-70% of fetal losses due to trauma occur following seemingly minor injuries. Prompt treatment can help mitigate the risks and potentially save the life of the mother and child.