Legal Question in Personal Injury in Ohio

Injured in Car Accident While Pregnant!

On Dec.24th, 2002 I was a passenger of a vehicle that was re-ended. The car was total and I suffered a back injury. I was taken to the ER in ambulance and it was said there that the baby was fine and I had back pain. I so my family doctor and was directed towards a specialist who put me in physical theraphy. A week before I was to start physical theraphy I started bleeding and lost one of my twins and put on bed rest. I never asked the doctor if it was due to my accident. I was hospitalized for most of my pregnancy and 1 month and 1/2 before my son was born 7 weeks premature. I have now finished theraphy and they are looking to settle. Total of lost wages for the month that had nothing to due with my pregnancy was $1600, doctor and theraphy bills total $3700. All the other care I received for my back while hospitalized was put under my insurance. I don't want to attain a lawyer because I don't want to wait another year for the money and I need to pay a lot of these bills now. So total I was out of work 8 months, one month soley of back injury. What range should I settle in?


Asked on 10/27/03, 1:24 pm

6 Answers from Attorneys

Mary Ditmer Mary A. Ditmer, Attorney at Law

Re: Injured in Car Accident While Pregnant!

The advice you have received thus far is right on target. If the death of your twin was as a result of the auto accident, an attorney can find the right medical expert to substantiate the claim. This will increase the potential damages immensely. The insurance companies have the advantage over you and they know it. They have resources that you cannot compete with, without the help of an attorney. Good luck!

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Answered on 10/28/03, 9:36 am
Steven Martinek Steven Martinek Lawyer Ltd.

Re: Injured in Car Accident While Pregnant!

Prior to the accident your pregnancy was presumably progressing normally. Assuming there were no other intervening causalities ( prescription or other drug use; other trauma or illness; genetic or hereditary predisposition) it seems reasonable to conclude and argue that the trauma of the auto accident caused the miscarriage of one child, the premature birth of the other, and the extreme physical, emotional and mental discomfort attendant to those events. A competent attorney would explore the limits of insurance coverage potentially available from the tortfeasor, from your driver, and perhaps from your own policy. Your assessment that it would take more than a year to reach an adequate settlement is reasonable and conservative. Why would you even consider retaining an attorney and waiting so long to secure an adequate settlement when the opportunity to settle quickly, for a small fraction of fair compensation, will undoubtedly be offered by the insurance carrier? Most experienced adjusters will express empty feelings of sympathy while explaining that some of your therapy was "over-treatment," thus not fully compensable, and that your lost time was ultimately due to your "problem pregnancy" or your maternal concern for your baby. They may then magnanimously agree to fully compensate you for the $5,300. of lost wages and therapy, and to "give" you an additional $4,700. for the pain and discomfort they imagine you suffered. If you hire an average lawyer, or one of the high-volume advertisers, the initial offer may be about $15,000., in hopes of a quick cheap resolution. If you hire someone who is known to utilize competent medical professionals in assessing and litigating claims, you will be more likely to receive an adequate settlement. I would recommend Becker & Mishkind in Elyria or Cleveland, 1-800-826-2433. Steve Martinek

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Answered on 10/28/03, 9:52 am
Robert Guehl Guehl Law Offices

Re: Injured in Car Accident While Pregnant!

The other responses are correct in saying you need legal advice on this issue, to counter the leverage of the insurance company. You must have the ability to take it to court, in order to secure a reasonable settlement.

Also, your concerns about outstanding bills should be addressed. All sources of payment should be investigated, to include your own car insurance medical payment clause. A "letter of protection", promising to pay from the settlement/judgment, also is appropriate.

Yours is a serious case, involving your child. Patience and persistence is the key -- do not rush into a settlement that will short-change yourself.

Best of luck,

Bob Guehl

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Answered on 10/28/03, 10:05 am
Timothy Hess T. Hess & Associates, LLC

Re: Injured in Car Accident While Pregnant!

If the loss of one of your twins can be attributed to the car accident, the value of your case will be increased dramatically. I understand that medical bills are probably in collections but there are ways to put that off until the conclusion of your case. You definitely should seek an attorney. Your chances of recovering a greater amount are increased with a lawyer assisting you with your case. The insurance company will most likely offer you a minimal, low ball amount, and there may be more factors here that you are not taking into consideration.

PLease feel free to call me if you have further questions. 216-241-1214, Tim Hess.

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Answered on 10/27/03, 2:39 pm
David Weilbacher, Esq. Attorney at Law

Re: Injured in Car Accident While Pregnant!

You need to consult with and be represented by an attorney. If the loss of one of your twins, and the premature birth of the other can be related to the accident, the value of your case will be may be substantial. Furthermore, your son may have a claim as well. The medical bills are probably in collections, but there are methods to put those on hold until the conclusion of your case. Please see an attorney, even if it is not me. Your chances of recovering a fair amount will increased with a lawyer assisting you. Please feel free to call me if you have any questions; 216.241.2500.

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Answered on 10/27/03, 4:00 pm
Joseph Jacobs Jacobs & Lowder

Re: Injured in Car Accident While Pregnant!

The only way to get a quick settlement will be with a lawyer. Just tell him you want to settle early. But the insurance company won't take you seriously without one.

Call me personally if you want:

Joe Jacobs 216-952-1990 / 216-227-0900

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Answered on 10/27/03, 4:53 pm


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