jsanders said:
I am in Mississippi. In August I was rear ended by a vehicle and was pushed into another vehicle. There was about 6000 in damages to my vehicle which has been repaired by the person's insurance who was at fault. At the time of the accident, I was about 10 weeks pregnant. I did go to the ER that night and no significant injuries noted. I saw my ob-gyn the next day and no abnormalities were noted on sonogram. Some episodes of low back pain since.This pregnancy is the result of 3 years of trying. My husband and I had been seen by a fertility specialist for approximately six months leading up to the pregnancy. This accident has caused much anguish and worry on both our parts over the possible complications and/or loss of the pregnancy due to the accident. We have refused to settle until after the baby is born. My question is, is compensation for mental stress an expected outcome for such a situation?
My response:
It is a "given" emotional trauma that attends tortiously-inflicted physical injury is compensable in the form of a "pain and suffering" award. A cognizable emotional distress cause of action entitles plaintiff to "reasonable compensation" for any fears, anxiety and other emotional distress suffered and / or to be suffered in the future (plus reasonable compensation for consequential financial losses). As with general "pain and suffering" damages in physical injury cases, there is no precise measure prescribed by law; rather, the jury is instructed to exercise its subjective judgment to award a "just and reasonable" amount of emotional distress compensation in light of the evidence. Please remember that a certain amount of emotional trauma is natural and is always attendant in auto accident claims. Such trauma is covered under the penumbra of "pain and suffering".
Since, thankfully, your baby was - - up to this point - - unharmed as a result of the accident, there is probably only a slight chance, or a modicum of a possibility, that a jury would consider your heightened fears due to the circumstances of your pregnancy, and might award you a slightly higher judgment as a result.
I hope you are scheduled to meet with a Personal Injury attorney, because your husband is also entitled to damages for his loss of consortium.
IAAL
