Q I was in a car accident during my pregnancy and my baby was born with a deformity as a result of injuries. Does my child have any legal recourse?
A car accident involving a pregnant woman who later gives birth to a baby with deformities certainly needs to be investigated to see if legal recourse is viable. An accident attorney in Morristown can help assess your case and determine whether a lawsuit should be filed for the injuries your child may have suffered before birth.
Accident Data for Unborn Children
It is unclear how many fetal injuries and deaths are caused by car accidents every year. There are no laws in place requiring accident data be tracked on unborn children’s outcome; however, recent estimates published in the New York Times have calculated the number of fetal deaths related to car accidents is somewhere between 300 and 1,000 annually. This is four times the rate of car accident related deaths for children four years of age and younger.
At issue is the inability to protect an unborn child during an auto accident. Deployment of an air bag or slamming into a steering wheel may be unpreventable by a pregnant woman - even when she has a seat belt on.
Anatomically, a fetus in an accident is susceptible to placenta uterine detachment, which can cause a loss of oxygen to the baby as well as a host of other issues. There also could be serious injuries from the baby being forced into the pelvic bone. The results may not be evident until after birth.
An injured child has every right to file a personal injury lawsuit for injuries suffered in an auto accident before birth. If the child dies from injuries after birth, a wrongful death lawsuit may be pursued.
Contact an Accident Attorney for Help
With 20 years of experience, Manfred F. Ricciardelli Jr., LLC knows how to get accident victims the compensation and justice they deserve. Call today: 973-285-1100 or 877-360-0183.