Can the pregnancy of the personal injury claimant have an impact on the value of her case? Yes. Pregnancy or any other medical condition that limits the treatment an injured party can get can definitely have an impact on the value of the personal injury case in Atlanta and anywhere in Georgia. Consulting with an attorney to make sure all aspects of your personal injury claim are documented and all possible treatment plans are considered can result in much higher personal injury recoveries for any injured party pregnant or not. Attorney Richard Griffin and his Atlanta personal injury attorneys at the Griffin Law Firm can help make sure the settlements are still fair even when the injured party’s treatment is limited by pregnancy.
Why does pregnancy sometimes limit the Claimant’s treatment? When a personal injury claimant is injured in an auto case and is pregnant, it can sometimes limit the type of medical treatment that can be provided. Many times OBGYN doctors will instruct their patients to avoid taking prescriptions that could negatively impact the fetus. In the third trimester doctors often instruct their pregnant patients to avoid physical therapy and massage therapy because these could sometimes trigger early labor. Many times injured women who are pregnant do not know what pain is due to the auto accident and what pain is due to their pregnancy. Chiropractic is one form of treatment that can often be administered even if the injured woman is further along in her pregnancy.
Can a personal injury claimant recover for pregnancy complications? Yes, but only if the OBGYN provides a causation statement that states that the auto accident caused the pregnancy complication. Without this causation statement, it is normally very difficult to recover for the additional medical expenses that result from pregnancy complications. Normally personal injury claimants have a better chance of being able to include these additional medical treatment expenses on their personal injury claim when the complications occurred immediately after the collision. For example, if the injured party who is pregnant goes into pre-mature labor immediately after an auto accident, or if there was blunt trauma to the abdomen that immediately caused the fetus to be in distress, then it can normally be a damage collected in the personal injury claim.
Is the personal injury case smaller if the treatment is limited? Yes. If the woman who is injured in the personal injury accident does not get as much treatment, then it does normally mean the personal injury settlement is lower. Personal injury lawyers can argue that the injures were severe and painful and that the treatment would have been a lot more, but jurors normally are compelled by the defense attorney’s arguments that the injured mother could have gotten additional treatment after the child was born and if she did not, then she must not have been that seriously injured. Many times the injured mother does seek additional testing and treatment after the delivery of her baby and our Atlanta personal injury lawyers have had great success having this treatment included in the personal injury claim. The most common argument made by defense attorneys is that if there is a gap in care, then the treatment must not be related. Pregnancy is a very good explanation for gaps in care.
What if the unborn baby dies in the auto accident? Then the parents can pursue a wrongful death action for the death of their fetus in Georgia if the death was caused by the death of the mother or due to the injuries to the mother and the fetus. Georgia allows for these claims only when the fetus is “quick” meaning the mother can feel the child move. Many states, however, do not allow for a wrongful death action based on the death of a fetus.
Free Consultation: If you have been injured in a personal injury accident or workers’ compensation accident, then you should call our Pain Law attorneys today at 877-PAIN-LAW or 877-724-6529 today. We will gladly review your case and answer any injury or disability related questions you may have.