Pregnant Wife was rear ended

by Chris
(New York City)

My wife was in stand still traffic and was rear ended by a driver that was talking on his cell phone. At the time my wife was 4 months pregnant. Our car was totaled and it ended up causing a 5 car accident.

The police report has the driver that hit my wife as completely at fault. He received 6 traffic violations at the scene. My wife was taken to the hospital with back and neck pain. Luckily the babies had survived the accident. She had to go to physical therapy because they couldn't perform any tests on her because she was pregnant.

About a month after the accident, she ended up in the hospital with pre-term labor. The doctors could not say that it was definitely caused by the accident.

My wife has been very worried that this accident could have caused harm to the babies (we are having twins) that you cannot tell by an ultrasound.

I am thinking about suing and would like to know what type of payout figure I could see if I was to decide to proceed with a lawsuit.

Thank you for your help.


Answer:


Hello Chris,

I am sorry to hear about the accident. Congrats on the twins!

You will have couple of issues here:

• You MUST be able to link the injuries/stress/physical harm, etc. directly to the accident. If you do not, the case may lack causation, which is a required element.


• Before getting a number, you need to have all information available. If you settle before the babies are born, you might not know exactly if they are indeed injured and what kind of care they will need. Hopefully you are correct and nothing happened to them but that is simply too much of a gamble.

As much as I would like to give you a number, only an attorney that knows all the facts, medical bills, and understand the local legal climate can do that accurately.

See our pages on bodily injury claims for more info.


Good Luck,
http://www.auto-insurance-claim-advice.com