Legal Question in Personal Injury in Massachusetts

: Baby's rights due to a MVA

Absolutely.

The tortfeasor takes the victim as they find them, and to the extent she was pregnant, and this caused complications, there is an action. Obviously they may argue that this was not foreseeable; But I think this is weak.

If I can be of any assistance, contact me.

Re: Baby's rights due to a MVA

Possibly there is a claim. Has any doctor told anyone that the baby's premature birth was caused by the accident? If so, Does the baby have any deficits that any doctor has told anyone were caused by premature birth (that would likely not have been present if the baby was carried to full term)? Any claim here would be heavily dependent on expert medical testimony. Before spending a lot of money on experts, it might be prudent to find out what kind of BI limits the motorist was carrying. Good luck. Regards, JBS

Re: Baby's rights due to a MVA

If the accident was the efficient cause of the premature labor and birth, and the other driver was negligent, you should be able to claim these damages. There is plenty of Massachusetts case law on point; if you are a lawyer (as implied by your having a "client"), you should harken back to your "thin skull" cases, and your negligent infliction of emotional distress (Dziokonski, et al).