We were driving to church when a guy ran the stop sign and hit us head on. I went from the back seat to the front of the SUV we were in. I was about seven months months pregnant at the time.
I went to the hospital and was admitted for about a week. After that, about three months later the insurance company cut me a check but not once did they ask about my child.
Can I still sue if my son comes out disabled? What should I do?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
The mere description of such a terrible event provokes thought. Hopefully while in the hospital after the collision the doctors ran tests, including, but not limited to a sonogram and CAT Scan.
What sounds somewhat confusing is your recitation of the facts. You indicate you were hospitalized immediately after, and as a result of the collision. At that time you were apparently 7 months pregnant. About a week later you were discharged. You then say about three months later the insurance company “cut me (you) a check”. At that time you still had not delivered the baby, and apparently when you asked us this question you had still not delivered. That would make your term over 10 months and the baby has still not been delivered?
In any event, if the results of those tests showed your child in imminent peril the doctors would have undoubtedly informed you. In the terribly unfortunate event your child should be born with a disability you will certainly have a legal right to file suit against the at-fault driver.
The Statute of Limitations, or the time period in which you have to preserve your rights and those of your unborn child, would be two years from the date of the birth and disability.
If the child has a disability the next step will be to connect the disability to the collision and the at-fault driver’s negligence. Doing so will require expert testimony from several physicians who specialize in Obstetrics, Gynecology, and Neurology.
You can expect a vigorous defense from the at-fault driver’s insurance company.
Cases like this require not only expert testimony from medical specialists, but will require expert legal representation as well.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck,
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