Accident caused miscarriage

[langtusj]

What is the name of your state? California

My wife was recently rear-ended and her car was total lost. She was 4 weeks pregnant by then. She was taken into the ER and was discharged couple hours. The urine test showed that the pregnant was still OK. The week later, she had spotting and taken to the hospital again. This time it was diagnosed as threatened miscarriage and the ultrasound still showed the pregnancy OK. However, during the week, we learned the bad new that we lost the baby. Her OBGYN couldn't/didn't say for sure if the accident caused the miscarriage. The test came back also showing that the pregnancy was at way too early of a stage to determinte if it was caused by any genetic disorders, etc..
I just wonder if anyone runs into a similar disastrous situation and how you coped with this. Did you ask for an attorney's assistance?
TIA

Stanley

 

[weenor]

What is the name of your state? California
The test came back also showing that the pregnancy was at way too early of a stage to determinte if it was caused by any genetic disorders, etc..

This is probably your answer...you must be able to prove that the miscarriage was proximately caused by the accident by a preponderance of the evidence (a more than 50% chance that the accident caused the miscarriage) Proximity in time is usually not enough, you will have to have a doctor say that it is more likely than not that the accident caused the miscarriage.

 

[Forum4]

Sorry to hear about your wife...if you get an attorney for this they may ask you about her medical history as far as pregnancies go. FOr instance is this her first miscarrige, does she participate in any type of sporting activity, does she have any other children where the pregnancy was "normal". Take her to another Ob/Gyn and see waht they tell you.

Also, I don't know what type of coverage you have but you can also take her to another clinic all together and see what they say. Unfortuntely in this type of situation, there is ofter no real "closer".

Hope this helps.

 

[langtusj]

Thanks. I'm seeking for attorney's legal assistance now. Does anyone have any recommended attorney in San Jose, CA? Or Does anyone have any advice against having an attorney? All input are well received.

TIA.

 

[stephenk]

What do you really want? your other post states you don't trust attorneys and believe they do nothing to earn their pay and here you are begging for an attorney referral.

 

[CALIF-LAWPRO22]

Thanks. I'm seeking for attorney's legal assistance now. Does anyone have any recommended attorney in San Jose, CA? Or Does anyone have any advice against having an attorney? All input are well received.

TIA.

My response:

Unless your wife can show a "nexus" (causal connection), through medical testimony, that there is such a connection between the miscarriage and the auto accident, she won't be able to obtain damages for her "emotional distress" caused by that particular loss.

Also, there can be no "wrongful death" action for the death of a fetus or unborn child. Thus, the mother may recover damages for her resulting emotional distress [if there is a connection between the loss of the fetus and the accident.] [Zavala v. Arce (1997) 58 Cal.App.4th 915, 927-933, 68 Cal.Rptr.2d 571, 577-582]

The California Supreme Court has rejected any notion that the death of an unborn child or fetus can be actionable under the wrongful death statute; "a fetus is not a 'person' within the meaning of our wrongful death statute until there has been a live birth." [Justus v. Atchison (1977) 19 Cal.3d 564, 579-580, 139 Cal.Rptr. 97, 107-108 (emphasis added)

So, without the necessary "proof," all she'll be able to obtain are her damages for HER own injuries (hurt back, neck, legs, for example), and her general damages (pain and suffering) BASED UPON her own injuries - - just like any other claimant, male or female.

I hope she had car insurance. If not, then she's only entitled to Proposition 213 damages.

IAAL

 

[langtusj]

thanks for all of the responses. this is our first time to be involved in a car accident. I don't know how people are normally dealt with these mishappenings, whether they handle it by themselves or have a professional's help. I did not have a good experience with attorney in another occasion (small business related suit but that was another story). I don't intend to sue people for money but I don't want us to be lost for nothing either.

 

[CALIF-LAWPRO22]

thanks for all of the responses.

I don't intend to sue people for money but I don't want us to be lost for nothing either.

My response:

That's all the court can do. So, unless you want to sue for money, then there's no point. Your wife doesn't have an "equitable estoppel" type of case. She only has a personal injury type of case - - that means, you can only sue for money.

Did your wife have insurance on the date of loss? Did you read my earlier response? Did you understand it? If not, what part didn't you understand?

IAAL

 

[langtusj]

My wife does have car insurance. I just thought having someone who knows all ins and outs will prevent your insurance adjuster from skimming you.

 

[Shay-Pari'e]

Thanks. I'm seeking for attorney's legal assistance now. Does anyone have any recommended attorney in San Jose, CA? Or Does anyone have any advice against having an attorney? All input are well received.

TIA.

James W Blackman out of Palo Alto..