Rear ended and pregnant...

[lsut1ger]

What is the name of your state? Louisiana

Okay, I was involved in a minor fender bender last week. Lady rear ended me at a stoplight.

My car has very minor damage to the rear bumper. I was pretty shaken up and couldn't remember how hard my seat belt had snapped me in the waist. I am 19 weeks pregnant so my OB instructed me to go to the emergency room and get checked out. Also gave me some warning signs, etc. to watch for.

I drove myself to the emergency room and was checked out. After a few attempts, the nurses were able to pick up the fetal heartbeat. Told me just to go home and rest and watch for certain things.

My back was a little sore the next few days and I noticed that I was beginning to have problems with my sciatic nerve again - I had the problems early in pregnancy but hadn't been bothered by it for a month and a half. As of right now, I'm okay other than the twinges from my sciatic nerve occasionally.

Anyways, what am I entitled to as a result of this accident? Obviously compensation for my car and for my emergency room bill. My father thinks that I should also be compensated for the work I missed as a result of the accident and the subsequent stress as well as compensation for how emotional, stressed, and upset I was b/c of having to go get checked out, the difficulty of finding the heartbeat right away and of having to stay in bed and worry that I would miscarry. Now I'm NOT the suit happy type and I'm hesitant about all this b/c I don't want to be one of those that capitalizes on this stuff. Am I entitled to $ for what I went through? Any advice is much appreciated!

 

[hexeliebe]

My father thinks that I should also be compensated for the work I missed as a result of the accident and the subsequent stress as well as compensation for how emotional, stressed, and upset I was b/c of having to go get checked out, the difficulty of finding the heartbeat right away and of having to stay in bed and worry that I would miscarry.

With all due respect, if your father were an attorney you would not be here asking for advice.

Since we don't have a copy of the accident report nor can we interview witnesses, the doctor, get a copy of the medical examination and the such, the best we can do is tell you that yes, you can sue for all of that. But your chances of winning depend on a lot of factors that we just don't know about.

The best advice I can give you is to contact an attorney in your area who handles personal injury cases. The initial consultation is free and if they decide to take your case he/she will usually work on a percentage of the monies they win for you.

But at least talk with your doctor because fetal injuries may not be noticible immediately.

 

[lsut1ger]

Thanks Hex!

I really don't want to get involved with a lawsuit....was just wondering what to ask for when speaking with the insurance co. Thought you guys might have some experience in quantifying "emotional distress" or whatever name it's known by.

I did not realize that about fetal injuries so I'm glad you informed me of that.....it's got me worrying again, but at least I know!

Thanks again!

 

[Thomas234]

As a general rule, the earlier you are in pregnancy when you sustain trauma, the less likely there will be any injury to the baby. Nevertheless, you are the best advocate for your unborn child. Make sure you follow-up thoroughly with your doctor to ensure you get all the treatment necessary to at the least help minimize your own anxiety related to this unfortunate situation.

No matter what you do, do not release the liable party from damages until AFTER the baby is born. Hopefully at this time it may be clear whether there are any problems or not for the child. Get an attorney who has experience in prenatal injury (preferably a plaintiff’s trial lawyer) to handle this for you. You have more important things to be taking care of.

 

[stephenk]

what kind of car were you driving and how much damage to your car? what kind of car was the other person driving?

 

[lsut1ger]

I was driving a Saturn L200 (midsize sedan)

The other driver was driving a Buick....can't remember the model...but a full size sedan.

So far I can only tell that my bumper is dinged. She hit me pretty "straight" on. Her hood had pushed back and bent up from the impact. I am taking my car to the body shop tomorrow so they can check for damage to the frame or other hidden damage.

 

[lsut1ger]

Update...

Well I spent Christmas Eve in the emergency room with menstrual like cramping. After being examined, the nurses determined that I was not dialated, but did have some bleeding. They indicated it may be from bruising of the uterus after the impact of the wreck and that some blood vessels that popped may have just now been working their way out. Regardless, it was yet another miserable night. I was instructed to take it easy over the next few days - I didn't have to stay in the bed but no running around and over doing it.

I have had some pretty significant problems with my sciatic nerve lately as well. Had some problems with it about 2 months ago but was fine until about a week or so ago. Also having some upper back pain. Cleaned the house yesterday and thought I was going to pass out the back pain got so bad. I'm contacting my OB to find out what type of doctor to visit for the back problems - chiropractor or physcial therapist.

So how do I handle the insurance co. in the meantime. I will not settle until after the baby is born and I'm SURE that there was no injury to him. Will the insurance co. cover my medical bills in the meantime or will they not pay them until I sign a final settlement?

Also, as far as pain, suffering, and lost wages b/c of accident and dr.'s visits what can I expect? I've heard that the standard is the sum that was paid out in medical bills. Is this correct? Should I worry that they might try and deny my physical therapy bills b/c of my pregnancy? Granted, back problems DO occur b/c of pregnancy, and my sciatica problems were bothering me two months ago, BUT I was FINE until this past week. I've never had upper back problems and I really think the accident reaggravated the sciatica. Any adivce?

 

[HomeGuru]

Advice: talk to a PI attorney.