Post-Accident Miscarriages

Cases of Miscarriage After an Accident

If you have are considering filing a claim with an insurance company after a miscarriage that resulted from an accident, whether a vehicle accident or slip or trip and fall, it is important to get assistance from an attorney. It could require a high level of legal skill to successfully resolve such a claim. California law does not allow for a wrongful death claim to be filed after the death of a fetus. It may be possible, however, to recover compensation for damages related to the emotional distress suffered by the mother over the loss of her unborn child.

At McGee Lerer Ogrin, we are a husband and wife legal team, offering compassionate, personal legal representation to our clients. We are aware that the loss of an unborn baby is a devastating situation for the mother, and that the impact of the loss will be felt for years, or even a lifetime. As insurance companies often dispute these claims, based on a range of legal arguments, the careful preparation of the case is critical. It is important to seek justice.

Those who have failed to exercise reasonable care for the safety of others, leading a miscarriage, must be held accountable. If you recently had an accident and then miscarried, we urge you to contact our firm to discuss your situation so we can advise you about taking action and seeking compensatory damages.

How Insurance Companies Dispute Claims for Miscarriage 
After an Accident

There are several arguments that will likely be presented by an insurance company to a dispute claim for the loss of a child through miscarriage. These include bringing forward evidence regarding the mother and a history of earlier miscarriages, making arguments about the age and health of the mother and how she was more likely to miscarry, or that the accident was minor and could not have contributed to the baby's death.

They may claim that the mother has had an abortion in the past and would have likely terminated the birth, that there are other children, making the loss less important, and other arguments to attempt to avoid paying a claim. In such cases, it is vital that a highly qualified and credentialed medical expert presents testimony that it is very likely that the miscarriage would not have occurred if the mother had not suffered the impact of the accident.

At our firm, we can assist you in all aspects of filing a claim, and have access to respected medical experts to review your case. It can be a difficult task to connect a miscarriage to an accident, and these claims are vigorously contested by insurance companies. It is important that your Pasadena personal injury lawyer has experience in miscarriage caused by an accident.

We are focused strictly on personal injury cases, and have dedicated our practice to serving the injured and their families. We offer our services to women who have lost a baby after an accident. We understand the complexity of these cases, what it will take to achieve success, and how to move forward with a claim that could be successfully resolved, either in a settlement or in civil court.