Where does the financial liability in an auto accident lie?
You expect to carry your baby to term and to deliver a precious new life into the world. You do everything to protect the beating heart inside you. It is your job to eat right, exercise regularly, and avoid all activities that would endanger your baby. When you are behind the wheel of a car, you are extra cautious. You are constantly on the lookout for signs of danger. Unfortunately, even the most vigilant driver is vulnerable to careless drivers.
If you are harmed in an auto accident, the injury may impact more than your well-being; it may affect the health of your child. A car collision involving a pregnant woman is one of the worst types of accidents. If you have been in one and your baby has been affected by it, then you need to hold the person who caused the accident accountable. This is best done by hiring a Boynton Beach auto accident lawyer.
The first thing you must do is go to the hospital. You will, of course, need no prompting to do so. You will want the emergency room physicians to assess the health and well-being of your baby first, which they will probably do.
In more serious accidents, it may take some time to figure out how the baby will be affected by the violence and impact of the crash. If you were seriously injured in the accident, you will need to undergo extensive treatment. You will then need time to rest and recuperate from your injuries. Your health and strength are connected to your baby’s. The sooner you can recover from your injuries the greater the chance that your baby will come through the accident without serious harm.
When the Accident Causes Complications
Not every mother is lucky enough to avoid injury to their unborn child or complications when they deliver them. If it is determined that your baby was injured during the accident and that the injury will affect them long-term, the news can significantly re-shape your life. Although it may take time for the doctors to tell you the kind of care your baby will need after he or she is born, the news is enough to cause extreme distress; there is also the pain and suffering that your baby will have to endure because of another person’s recklessness. You will also need to pay for the care that you have received and the treatment your baby will need to survive. If you later find out that your baby has sustained permanent injuries, then you will have to start planning for life-long care and treatment, which can be very expensive.
These are complications that you had no reason to expect. You should not be forced to deal with them on your own.
Legal Liability for the Accident
Once you are well and lucid enough to receive the news about your baby, you should contact a Boynton Beach auto accident lawyer. In the initial interview, your attorney will have you recall details from the accident. You need not remember everything, only enough to give them a sense of how it happened and who was at fault. Your lawyer will read the police report and carry out their investigation into the crash.
At the beginning of your case, the most important thing your attorney will determine is auto accident liability. If the other driver acted in a careless, inattentive, negligent, or reckless manner, then they will have auto accident liability for the injuries that you and your baby have suffered.
Who Will Pay You? Who bears the financial liability in an auto accident?
In most instances, the driver’s insurance company will have financial liability in an auto accident. They will be on the hook for giving you money. However, they will not give you fair compensation without a fight.
The priority of insurance companies is not their client or the victims of accidents; it is their shareholders. They will do everything possible to minimize the amount of money they pay you, even if your child was injured in the crash. The one thing you should not do is accept the first offer they give you. It will be lower than you deserve.
You should not deal directly with insurance company representatives. You should allow your lawyer to handle all communications with them.
The Value of Your Settlement
The insurance company has financial liability in an auto accident. If they refuse to offer you a fair settlement, you can sue them and ask the court for monetary damages related to medical bills, pain and suffering, car repairs, and other such expenses. This is normal in a standard case. An accident involving a pregnant woman is not a standard case. If your baby was harmed in the crash, your lawyer will be able to make a much greater demand for the insurance company and the courts.
The value of the settlement may include, but not limited to the following:
- Medical costs for the baby’s injuries
- Medical costs for an emergency delivery
- Costs for delivery complications
- Costs for premature birth complications
- Costs for the future care of your child
- Past and future pain suffering.
If the worst happens and you lose your baby in the crash or after they are born, you can sue for wrongful death. Financial liability in an auto accident puts the insurance company on the hook for paying this compensation. Your attorney will ensure that the at-fault party does not avoid their responsibility.
Getting Justice for You and Your Child
While insurance companies like to play hardball with accident injury settlements, they are also aware of public perception. You may need not sue the at-fault driver and his insurance company right away. The insurance company will want to avoid a courtroom trial. The prospect of going up against a mother whose child has been injured in an auto accident frightens them. Although they may accept financial liability in an auto accident, they may try to drag out negotiations to put pressure on you. If this happens, your attorney will advise of the best legal course in order to compel a fair settlement.