A miscarriage is a heartbreaking loss. When a car accident is the likely cause, the pain can feel even heavier, especially from knowing the tragedy might have been prevented. If you or a loved one experienced a miscarriage after an auto accident in Houston, you deserve support while you navigate this challenging time. An experienced car accident lawyer can offer legal guidance and demand justice from those responsible for your pain.
Personal Injury vs. Wrongful Death Claims for a Miscarriage After a Car Accident
One of the most common legal questions after a miscarriage caused by a car accident is whether the loss falls under a personal injury or a wrongful death claim. The answer may depend on the specifics of your case and the stage of pregnancy at the time of the crash.
Personal Injury Claims
In many cases, a miscarriage after an accident is handled as part of a personal injury claim. That means the pregnant person seeks compensation for injuries they suffered, both physical and emotional, including:
- Emergency medical care and hospitalization
- Lost wages from time missed due to the miscarriage and other accident injuries
- Pain and suffering
- Emotional trauma and grief
- Mental health counseling
Wrongful Death Claims
In Texas, parents who experience a miscarriage due to a car accident may have legal grounds to pursue a wrongful death claim. Texas law recognizes an “unborn child” as an individual from the moment of fertilization, allowing parents to seek compensation for the wrongful death of a fetus at any stage of gestation. A wrongful death claim typically seeks compensation for:
- Funeral or burial costs, if applicable
- Emotional pain and suffering
- Loss of the future relationship with the child
- Loss of the ability to bear future children, if applicable
Pursuing Compensation from the At-Fault Driver
Texas is an at-fault state. This means that the driver who caused the crash and your injuries could be financially responsible for what you’ve suffered. You may be eligible to pursue compensation if:
- You were involved in a car accident while pregnant
- The crash was caused by another driver’s negligence or reckless behavior
- You received a medical diagnosis confirming the miscarriage
How a Car Accident Attorney Can Help
A compassionate attorney can help you understand your rights, fight for the compensation you deserve, and hold the responsible party accountable. They can also:
- Examine evidence from the accident site
- Obtain copies of the police report and witness statements
- Get medical reports and prognosis from healthcare professionals
- File a claim against the at-fault driver’s insurer
- Negotiate a settlement
- Fight for a fair settlement in court if necessary
Modified Comparative Negligence and Potential Compensation
Texas is a modified comparative negligence case. This means you could pursue compensation even if you’re partially at fault for an accident, but your percentage of fault will reduce your compensation. So long as your percentage of fault is not more than 50 percent, you can still recover compensation for your physical, emotional, and economic losses.
How Long Do You Have to File a Lawsuit in Texas
Texas has a statute of limitations for personal injury and wrongful death lawsuits. You typically have two years from the date of the accident or the date of death, respectively, but there are exceptions. An experienced car accident attorney can explain the timeline as it pertains to your specific case.
Talk to a Compassionate Car Accident Lawyer Today
Since 2016, the Sherman Law Firm has demanded justice for those injured by the negligence or wrongdoing of others. We understand the unique and delicate balance between legal action and client care, particularly when a case involves pregnancy and miscarriage. If you or a loved one experienced a miscarriage after a car accident, we are here to help. Contact the Sherman Law Firm today for a free case evaluation.