Pregnancy and Car Accidents

Compassionate Illinois Car Accident Attorneys for Pregnant Victims of Car Accidents

Pregnancy is a time filled with hope, anticipation, and joy. Yet the trauma of a car accident during this delicate period can shatter that joy in an instant, leaving expectant parents facing unimaginable physical and emotional pain. Car accidents during pregnancy can have catastrophic consequences for both mother and child. According to the National Highway Traffic Safety Administration (NHTSA), car accidents are the leading cause of trauma-related deaths for pregnant women, with approximately 3,000 pregnancies lost annually due to motor vehicle crashes.

At John J. Malm & Associates, we understand the profound impact such an event can have on families. Our award-winning Illinois accident attorneys cover the medical risks, diagnostic challenges, legal rights, real case results, and frequently asked questions about car accidents during pregnancy.

Medical Risks and Pregnancy Complications After Car Accidents

Pregnant women face significant medical risks following a car crash. The Mayo Clinic states that trauma from car accidents is a leading cause of non-obstetric maternal death, with placental abruption being a major complication that can lead to severe bleeding and stillbirth. According to Johns Hopkins Medicine, the trauma of a car accident can trigger preterm labor, preterm delivery, or fetal loss. Tufts Medical Center highlights that direct impact may cause fetal trauma, including brain injuries, skull fractures, or oxygen deprivation.

Types of Injuries Pregnant Women Face After a Car Accident

According to the Association of Advancement of Automotive Medicine, the common injuries pregnant women face as a result of a car accident include:

• Placental abruption
• Amniotic rupture
• Uterine rupture
• Uterine lacerations
• Pelvic fractures
• Internal bleeding
• Direct injuries to the fetus
  • Fetal brain injuries
  • Fetal skull fractures
  • Fetal rib fractures
  • Fetal liver ruptures
  • Fetal lacerations
  • Fetal spinal cord damage
• Premature delivery
• Stillbirth/loss of the unborn child

Stillbirth and the Wrongful Death of an Unborn Child in Illinois After A Car Accident

Illinois recognizes legal claims for the wrongful death of an unborn child after a car accident, regardless of gestational age or development.  However, fetal age and viability may play a role in determining the extent of damages that can be claimed when a pregnancy is lost due to a car accident.

In Illinois, parents of stillborn babies can pursue wrongful death claims regardless of the baby’s stage of gestation or development. If the death is caused by a negligent act, such as careless driving that leads to an accident, a claim for wrongful death can be filed. For instance, if a distracted driver causes an accident that results in a pregnant woman losing her baby at 27 weeks, the parents have the right to pursue a wrongful death claim under Illinois law.

Damages for the Loss of an Unborn Child under Illinois Law

Under Illinois law, recovering damages requires proof of injury or loss. Illinois courts acknowledge the difficulty in proving damages for the death of a child, infant, or fetus due to the lack of tangible evidence about the potential relationship, such as the amount of affection or support that was lost. In Bullard v. Barnes (1984), the Illinois Supreme Court established that parents of a deceased minor child are presumed to suffer injury from the loss of the child’s society or affection. This principle was extended to unborn fetuses in Seef v. Sutkus (1991) and reaffirmed in Smith v. Mercy Hosp. and Medical Center (1990), confirming that parents may recover damages for the loss of a stillborn child, reflecting the natural progression of Illinois law under the Wrongful Death Act.

“At John J. Malm & Associates, we believe that every life deserves justice. We can help grieving parents pursue a separate claim for the loss of an unborn child, regardless of gestational age. Whether a loss occurs before or after 24 weeks, we will advocate for compensation for the loss of the baby’s life in a car accident. We know that every pregnancy matters, and every family deserves to be heard and supported.” — John J. Malm, Naperville car accident attorney

What Damages Can be Claimed for the Unborn Child in the Event of Pregnancy Loss?

When a pregnancy is lost due to a car accident, families may be entitled to damages specific to the unborn child under the Illinois Wrongful Death Act:

• Loss of Society and Companionship: Compensation for the emotional loss (loss of affection) of the relationship that would have existed with the child.
• Mental Anguish: A claim may include emotional damages like mental anguish and emotional distress.
• Medical Expenses: Coverage for any medical costs incurred for the child, such as neonatal care if the child was born prematurely and did not survive.
• Funeral and Burial Costs: Expenses for arrangements made after a stillbirth or neonatal loss.
• Pain and Suffering: In some cases, if the child survived birth and passed away later due to injuries from the accident, damages can include pain and suffering experienced by the child. This may include emotional damages like mental anguish and emotional distress.

What Damages May be Claimed If There Is An Injury Without Pregnancy Loss?

Placental injuries, such as placental abruption or trauma, can cause significant medical concerns even if the pregnancy is not lost. In such cases, damages for a placental injury after a car accident may include:

• Maternal Medical Expenses: Costs for emergency care, fetal monitoring, and specialized treatment for placental complications.
• Long-Term Fetal Monitoring: Coverage for extended medical evaluations to detect potential developmental or birth complications.
• Future Care for the Child: If the placental injury leads to premature birth or birth injuries, damages may include neonatal care costs, developmental therapies, and long-term medical treatment.
• Emotional Distress: Compensation for the emotional trauma experienced by the mother due to the injury and potential risks to her child.
• Loss of Quality of Life: If the injury results in activity restrictions or additional health risks for the mother during pregnancy.

Car Accident Cases Involving the Loss of An Unborn Child: Two Case Results from John J. Malm & Associates

• Rear-End Collision in DuPage County Causes a Pregnancy Loss: After a serious car accident that injured our client, an expectant mother, her pregnancy was sadly lost.  Our team secured a policy-limit settlement for the unborn child, using medical records and expert testimony to link the collision to placental injury and the tragic loss of the unborn child. The settlement covered medical bills, emotional trauma, and future recovery care, as well as damages for the unborn child that did not survive.
• Fetal Loss After Pedestrian Accident in Will County: A pedestrian, who was struck by an out-of-control vehicle while she was sitting on a front porch, suffered serious injuries that led to the loss of her unborn child.  The young woman was hospitalized and received in-patient rehabilitative care. The woman’s pregnancy was tragically lost due to the trauma from the crash.  Our firm pursued a policy-limit settlement with the at-fault driver’s insurance company that covered her medical expenses, long-term care, and pain and suffering, as well as damages for the loss of the unborn child.

“At John J. Malm & Associates, we understand how devastating a car accident during pregnancy can be. Our team is dedicated to helping families recover the compensation they deserve during this incredibly difficult time. With decades of experience and a proven record of success, we fight to hold negligent drivers and insurance companies accountable to ensure that victims and their families are supported after the loss of an unborn child.” — John J. Malm, Naperville car accident lawyer

FAQs About Pregnancy and Car Accidents

• What damages can I claim for pregnancy-related injuries? Eligible damages include medical costs, emotional trauma, and wrongful death claims for fetal loss.
• Is emotional distress compensable if my baby is unharmed? Yes. Emotional trauma, such as anxiety and PTSD, is recognized under personal injury law.
• Can I file a claim if I wasn’t wearing a seat belt? Yes, though your compensation may be reduced if the insurer claims your injuries were worsened by not wearing a seat belt.
• Can my spouse file for loss of companionship? Yes, spouses can claim damages for emotional distress and loss of companionship.
• What if the at-fault driver was uninsured? You can pursue compensation through your uninsured motorist coverage.
• Does a crash causing premature birth affect my claim? Yes. Claims can include neonatal care costs and developmental complications.
• Can I file if my symptoms appear weeks later? Yes, provided you document your medical evaluations.
• Are passengers eligible to file claims? Yes, passengers have the same legal rights to compensation as drivers.

Safety Tips for Pregnant Drivers and Passengers

• Proper Seat Belt Use: Position the lap belt below the belly and the shoulder belt between the breasts.
• Safe Seat Position: Sit at least 10 inches from the steering wheel.
• Keep Airbags Active: Airbags work with seat belts to reduce injuries.
• Minimize Distractions: Avoid texting or phone use while driving.
• Take Frequent Breaks: Rest every two hours to reduce fatigue.

Why Choose John J. Malm & Associates for Your Pregnancy Car Accident Case?

If you suffered injuries as a pregnant driver or passenger in a car accident, you deserve compassionate and dedicated injury lawyers to represent you. Here’s why you should choose John J. Malm & Associates for your pregnancy car accident case:

• Proven Legal Experience: More than 90 years of combined litigation experience.
• Successful Results: Over $95 million recovered for injured victims and their families.
• Trusted Advocacy: A team of six award-winning personal injury attorneys.
• Local Presence: Offices conveniently located in St. Charles and Naperville.

Contact the Experienced Illinois Car Accident Lawyers at John J. Malm & Associates Today

If you or a loved one experienced pregnancy-related injuries from a car accident, contact John J. Malm & Associates for a confidential, no-obligation consultation. There is never a fee to speak with us about your case.  Let our experienced car crash attorneys explain your rights and help you pursue the justice you deserve.