What Should You Do If You Are Involved in a Car Accident While Pregnant in Florida?

Being involved in a car accident while pregnant can be an overwhelming experience. It can also be life-threatening to the mother and her unborn baby. If you find yourself in this situation, seek medical care attention immediately. Even if you think the accident was not serious, complications could develop in the days and weeks following the collision.

If the accident occurred at little to no fault of your own, you should also consult with an experienced attorney as soon as possible to protect your legal right to compensation from the at-fault party. At Zervos & Calta, our legal team has the experience and skill to handle your case from start to finish. Contact us today to schedule a free consultation with a knowledgeable Florida personal injury attorney.

What Are the Medical Risks of Being Involved in a Car Accident While Pregnant?

Being involved in a car accident while pregnant presents very serious risks to the well-being of the mother and her unborn child. If you ever face this situation, it is essential that you seek immediate medical care attention. Even if you think the accident was minor, do not take risks. The impact on you and your baby can sometimes take days or weeks to show. Some of the risks a mother and fetus face in a car accident include the following:

• Preterm labor – Car accidents can induce preterm labor. Labor is considered preterm when it occurs between 20–37 weeks of gestation. Preterm birth presents many risks to the fetus.
• Miscarriage – The trauma of a car accident can trigger a miscarriage, which is clinically defined as the loss of a pregnancy before twenty weeks of gestation.
• Placental abruption – This occurs when the placenta separates from the lining of the uterus before the second stage of labor. The placenta is a temporary organ that supplies a developing fetus with the resources it needs to survive. Among other things, a placental abruption can deprive the fetus of vital oxygen and cause the mother to hemorrhage large amounts of blood.
• Uterine rupture – This occurs when the muscular wall of the uterus tears during pregnancy. The uterus is the organ that houses a fetus as it develops within its mother. A uterine rupture can also cause life-threatening hemorrhaging and requires immediate medical attention.
• Stress and psychological trauma – Pregnancy can heavily tax a mother’s psychological health. The added stress and emotional trauma a car accident can inflict should not be underestimated. Remember that a fetus depends on the well-being of its mother for a healthy environment in which to develop. In addition to impacting the mother, the added stress of an accident can also have a detrimental effect on a growing fetus.
• Other injuries – Of course, a pregnant mother may sustain a wide variety of other injuries in a car accident, such as broken bones, organ damage, and internal bleeding. Any threat to a pregnant mother’s well-being should be taken seriously as a threat to that of her unborn child.

What Compensation is Available for Injuries Sustained in a Car Accident While Pregnant?

If you are injured in a car accident while pregnant, you may be entitled to significant monetary compensation from the at-fault party. First, you must prove by a preponderance of the evidence that the defendant caused the accident and your injuries. If you do so successfully, a court will order them to compensate you for both the economic and noneconomic impact the injuries have on your life. You may be compensated for things like:

• Medical costs incurred treating your injuries
• Lost wages from time missed at work
• Lowered earning capacity if the accident leaves you with a long-term disability
• Physical pain and suffering
• Emotional distress
• Cost of repairing or replacing personal property

Can I Recover Compensation for the Wrongful Death of My Unborn Baby in Florida?

Unfortunately, no. In Florida, the wrongful death of an unborn child is essentially treated as a physical injury to the mother. This means that parents cannot bring a wrongful death lawsuit specifically seeking compensation for the loss of their unborn baby. The mother can only seek damages for the impact the loss had on herself.

That said, under the “born alive” doctrine, a fetus that is not killed in an accident has the legal right to seek compensation for its own injuries. Of course, this right would be exercised by an adult on its behalf.

Is There a Time Limit for Filing a Car Accident Lawsuit in Florida?

Yes, the deadline is set by a law known as the statute of limitations. In most cases, it is set at two years from the date of injury. Though there are a few very limited exceptions to this strictly enforced deadline, late filings are nearly always dismissed by the presiding judge.

This will have two devastating effects on your case. First, it will destroy your right to seek compensation in court. Second, it will destroy your leverage when negotiating an out-of-court settlement with the at-fault party and their insurers.

The best way to avoid these consequences is to consult with an experienced attorney as soon as possible after your accident. This will ensure that all available evidence is gathered before it deteriorates or disappears. It will also give your attorney plenty of time to build the strongest case possible on your behalf.

Contact a Florida Car Accident Lawyer Today

Needless to say, pregnancy can be a very stressful experience, both physically and psychologically. Being involved in a car accident while pregnant not only adds to this stress but can also present serious risks to the life of the mother and her unborn child. Accordingly, if injured in a car accident while pregnant, the first thing you should do is seek immediate medical attention.

The second thing you should do is consult with an experienced personal injury lawyer to make sure you know your rights and get started on the road toward legal compensation. The legal team at the law firm of Zervos & Calta is standing by to help. Contact us today to schedule a free consultation with an experienced Florida personal injury lawyer.

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About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.