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Does A Personal Injury Settlement Include Medical Bills?

Your personal injury settlement will include payment of your medical bills. Medical bills are often a challenging aspect of a personal injury settlement in North Carolina. The reason for this is that there are no rules automatically reducing medical billing in a personal injury settlement. As a result, your personal injury attorney must be familiar with the medical lien laws of North Carolina when settling your claim. Lastly, your Charlotte personal injury attorney may negotiate your medical bills for you as part of your personal injury settlement.

What Are North Carolina Medical Liens In Personal Injury?

If you are injured and receive treatment in North Carolina, the treating physician or facility can place a lien against any personal injury settlement you receive. The underlying theory is that if you were treated for the injury and receive money for the injury, you should have to pay your medical bills related to that injury.

There are some limitations on personal injury medical liens in North Carolina. Per N.C.G.S. 44-49 and 44-50, any provider of medical services is limited in the amount of lien they can claim, as follows:

Under Section 44-49, a lien is created provided that the provider does not charge for medical records and medical billing, and provided that written notice of the lien is given to the attorney.

Under Section 44-50, the liens in total are limited to one half of settlement, after subtracting attorney fees and costs. Generally, because attorney fees are usually one third of settlement, this means that the amount of your settlement that has to go to the lien holders is one third of your settlement.

For example, assume your settlement is $12,000. Your attorney fee would be $4,000 (1/3). This leaves $8,000 remaining. The lien statute states that no more than one half of the remainder shall be made to pay to liens. This means $4,000 must go to your lien holders, and the remaining $4,000 is yours.

What If Medical Bills Exceed The Lien Amount?

Your medical provider does not have to accept the pro-rata lien payment under 44-49 / 44-50 as final settlement of the lien. They may bill you for the remainder. However, your Charlotte personal injury lawyer may be able to negotiate the medical bills in total for you, prior to accepting settlement. In many cases, the lien holder will accept their pro-rata share as full and final settlement.

Speak With A Charlotte Personal Injury Lawyer Today

If you would like to speak with an attorney about your personal injury case, we’re here to help. The call is free and you will come away with a much better understanding of your options. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION, and we will be in touch shortly.

Further Reading

If this article addressing “Does A Personal Injury Settlement Include Medical Bills?” was helpful, you may find other helpful articles on our Personal Injury Blog. Thank you for visiting the website—we hope it has been helpful.

 

 

Should I Give The Personal Injury Adjuster A Statement?

No, you should not give your personal injury adjuster a statement regarding your car accident, slip and fall injury, or any other injury. No matter how kind the adjuster may appear, you can trust that your statement(s) will be used against you at a later date. Adjusters work for the insurance company. While they may be assisting you with reaching a personal injury settlement, their loyalty is always to the insurance company.

The Adjuster Is Probably Recording Your Statement

North Carolina is a One Party Consent state, under N.C.G.S. Ann 15A-287.  This means that phone conversations can be recorded by one of the parties to those conversations. Effectively, this means that the adjuster does not have to ask your permission or even tell you the call is being recorded. It also means the recorded call could become evidence at trial.

Inconsistencies In Your Statement Will Be Used Against You

While you may tell the truth when giving your personal injury statement, you are only human. First, if the adjuster has multiple conversations with you, they may record all of them. Second, you may explain the facts in a slightly different manner to the adjuster on different calls. Lastly, these differences in the versions of your story could be used to establish your inconsistency, or your inability to accurately remember what happened. This is specifically true of a slip and fall accident. At least in a motor vehicle accident there is a police report to help memorialize the facts. If you’ve been in an accident we can provide you with a free copy of your police report,

Refusal To Give A Statement Will Not Hurt Your Case

As a general rule, we advise adjusters that it is our policy that our clients not give a statement. Much the same way the insurance company does not have to provide us with a copy of the store video for a slip and fall, we retain the right to refuse to give a recorded statement. Additionally, if a lawsuit is filed, both sides will be given a chance to take depositions during the Discovery phase of the lawsuit, governed by N.C.G.S. 15A-902. A deposition is the equivalent of a recorded statement given by our client, or anyone else. That is also when any existing video of an accident or slip and fall would be turned over for review.

The Pitfalls Of Settling A Claim Without A Personal Injury Lawyer

This article is just one example of how having legal representation can dramatically change the results of your personal injury claim or personal injury settlement. Whether it’s guidance regarding a personal injury statement to an adjuster, or assistance with negotiating medical liens in personal injury, your personal injury attorney will fight to protect you. Having your legal rights protected has to be a top priority when dealing with a large corporate insurance company.

Speak With A Charlotte Personal Injury Lawyer Today

If you have been injured and would like to speak with a lawyer today, call us at 704.749.7747. Press the “New Client” option when prompted, and you will be connected immediately with a lawyer. You can also request a FREE CASE EVALUATION and we will reach out shortly to discuss your case with you. Even if you’ve already given a personal injury statement, we can help.

Further Reading

If you’d like to read more articles, check out our Personal Injury Blog or our Bankruptcy Blog. Thank you for stopping by the website. We hope it has been helpful.

You Need A Lawyer For Your Car Accident

After years of experience, it is our opinion you need a personal injury lawyer for your car accident. Personal injury law in North Carolina is not friendly to the injured party. Often, insurance adjusters will attempt to lower the value of your claim by arguing over your medical bills. Additionally, they will claim Contributory Negligence, which can be a complete barrier to recovering anything for your injuries. Your Charlotte, NC personal injury lawyer can help change this result.

What A Lawyer For Your Car Accident Does

Your personal injury claim will take some time to complete. The timeline for a personal injury claim differs depending upon the specifics, but your lawyer will need to:

Start a personal injury claim

Start a Medical Payments claim

Gather medical records and medical bills

Propose a theory of liability

Negotiate a settlement amount

Negotiate your medical liens and billing

Properly disburse your personal injury proceeds

File a lawsuit if an agreement can’t be reached

In the event you can’t reach a settlement agreement, your personal injury lawyer will file a lawsuit and begin the process of Discovery. This entails taking depositions, making written requests for information from the other side, and preparing for trial.

Is A Personal Injury Attorney Worth It?

The good news is your personal injury lawyer for your car accident doesn’t get paid unless they reach a settlement or jury verdict for you. Our experience has shown us that even after your attorney fee, you will do better with a personal injury lawyer than without one. Additionally, your injury lawyer protects you by reviewing all paperwork prior to signing, and defends any claims against you by the other driver.

Are Personal Injury Consultations Free?

Yes, your personal injury consultation is free. These can be done over the phone or in person. At your personal injury consultation, you will gain a better understanding of the value of your case, and what the next steps are to getting your case settled. The consultation is free and answering questions is part of the job.

If you’d like to schedule a consultation, call 704.749.7747 or request a FREE CASE EVALUATION and we will reach out to you.

Contusions From Car Accidents

Our clients’ medical records often reflect contusions from car accidents. Often, insurance adjusters seek to minimize the impact of contusions when it comes to settlement offers. Working with a personal injury lawyer will help to make sure you are treated fairly when you reach a personal injury settlement.

What Is A Contusion?

A contusion is a condition where a capillary or blood vessel is leaking into the surrounding area. While it can be painful and take time to heal, put more simply, a contusion is a medical term for a bruise.

Soft Tissue Contusions From Car Accidents

The most common type of contusion is a a soft tissue contusion. Muscle contusions are bruised muscles or tendons. These can result from impact with your dashboard or steering wheel in a car accident. You will have some or all of the following symptoms:

Discoloration

Swelling

Stiffness

Soreness

While you should seek medical attention for your injuries, there is not much a physician can do to treat a contusion. They will recommend Rest, Ice, Compression and Elevation or “RICE”. They will also prescribe anti-inflammatory drugs to help reduce the pain and inflammation. Lastly, they may recommend a brace or wrap to keep the area in place while it heals.

Bone Contusions From Car Accidents

A second type of contusion is a bone contusion. While the end result is similar to a soft tissue contusion, bone contusions are less common. They also take more time to heal. Whereas a muscle contusion may take a few days to a few weeks, a bone contusion can take a few months to heal.

How Do I Know If I Have A Broken Bone?

Quite often, doctors will take x-rays or an MRI to confirm that your condition is in fact a contusion and not a broken or fractured bone. This is simply a process of elimination. While an x-ray won’t show a bone bruise, it can help to eliminate a fracture as the culprit.

What Is A Contusion Worth In Personal Injury?

Your personal injury claim is made up of numerous elements. While a contusion alone is not a high value personal injury, you deserve to be treated fairly by the insurance company for the at fault driver. A personal injury lawyer can help to build your case from many aspects—lost wages, pain and suffering, and special damages.

Contusions from car accidents help to tell the story of the accident. A contusion on your head or face shows you made contact with your vehicle upon impact. While the injury alone may not give rise to a large personal injury settlement, it helps to establish the violent nature of the car accident.

Speak With A Personal Injury Lawyer Today

If you’ve been in an accident and would like advice, we’re here to help. You can reach us at 704.749.7747 or click to request a FREE CASE EVALUATION. We know you have choices. We hope you choose to Recover With Us.

Medical Bills In Personal Injury Settlements

If there are medical bills in your personal injury settlement, they will need to be addressed as part of the settlement. Your personal injury lawyer will assist with this. Generally, there are two types of medical bills in personal injury settlements. First, there are those bills which are liens. Second, there are those bills which are not liens. The two are treated differently for purposes of whether they must be paid out of your personal injury settlement.

Liens In Personal Injury Settlements

Certain medical providers will claim a lien against your personal injury settlement. The claimant does so by citing the language in NCGS 44-49 and NCGS 44-50. This statute allows the medical provider to claim a lien against your settlement or jury verdict. However, there are limits—the statute limits all lien holders to one half of the settlement after attorney fees and expenses have been deducted.

Your personal injury lawyer should discover the liens against your personal injury settlement when requesting medical records and medical bills related to your claim. Keep in mind, if you were treated at a facility and did not tell your personal injury lawyer about it, it would be difficult for them to discover the lien.

The personal injury attorney will keep track of all liens claimed against settlement. Upon disbursing the settlement proceeds, the liens will be paid. Remember, the lien holders are limited to roughly one third of your settlement. The amount they receive will differ depending upon how much your personal injury settlement is worth. Your attorney will calculate the appropriate payments for each lien holder. While the lien holders may still pursue you for the balance of the lien, our firm typically requests the lien holder accept the pro rata share as full and final payment of the lien.

Bills Which Are Not Liens

There will be other medical providers who will have an outstanding bill related to the injury. However, they may choose not to claim a lien. Or, they may simply fail to claim a lien against your settlement. This gives you the option of having your attorney pay them from settlement, or paying them yourself, outside of settlement.

Medicare, Medicaid, ERISA Liens

Healthcare providers like Medicare, Medicaid and ERISA health plans, are entitled to be reimbursed if they pay for treatment related to your personal injury claim. Medicare applies what they call a “Procurement Formula” to the settlement amount. Your attorney can estimate what this amount will be prior to reaching settlement. Medicaid is generally limited to roughly one third of the settlement. ERISA health plans, unfortunately, are entitled to be reimbursed for their entire lien out of your settlement proceeds. Your personal injury lawyer can usually successfully negotiate the lien prior to reaching a settlement.

Personal Injury Lawyers And Medical Liens

Your personal injury lawyer will make a dramatic difference for you as it relates to any liens against your settlement proceeds. The law firm will negotiate the liens, and present your case to the medical providers in such a way that entices them to take a reduced rate. Most of this negotiating is done before you reach an actual settlement. That is when your leverage is highest against medical providers and lien holders.

Speak With A Charlotte Personal Injury Attorney Today

If you have a personal injury claim and you would like to speak with a lawyer, call us. You can reach us at 704.749.7747 or request a FREE CASE EVALUATION and we will call you today to discuss your case.

 

Rear Ended By A Company Vehicle

When you are rear ended by a company vehicle, it’s important to understand your rights. Your claim for damages can often be dramatically different when you’re rear ended by a company vehicle. The reason for this is the potential for punitive damages, which increase the value of your personal injury case. Punitive damages are codified by the NC General Statutes in N.C.G.S. sec. 1D.

As a Charlotte personal injury law firm, our firm has experience representing individuals who have been in accidents involving commercial vehicles. Sometimes those clients are pedestrians who have been struck by a work vehicle. Other times, our client was rear ended by a company vehicle while driving their own personal vehicle.

How Your Case Is Different When A Commercial Vehicle Is Involved

In a typical car accident, both drivers are operating their personal vehicles. Ideally, both drivers are insured at the time of the accident. The at fault party can expect to pay damages to the other driver if they were injured in the accident. In these cases, each driver should carry the NC state minimum insurance requirements. In the event the injuries exceed the policy limits of the at fault driver, our firm can typically recover additional funds from our client’s insurance company under the Underinsured Motorist coverage on our client’s policy.

In the commercial setting, if someone is rear ended by a company vehicle, a few things are different. First, the insurance limits covering the company driver will typically be much higher than those carried by most private motorists. Second, as a personal injury law firm, we will investigate the facts surrounding the accident to determine if the company itself is at fault. For example:

Did the company driver have a prior history of accidents?

Did a failure to maintain the company vehicle contribute to the accident?

Does the company have a history of negligent retention of employees?

In the corporate setting, when you are rear ended by a company vehicle, your case may be a good case for additional damages. Juries are often asked to consider punitive damages in these cases. This changes the nature of the jury’s deliberation. Usually, a jury is awarding the injured party an amount of money meant to compensate the injured party for their loss. When punitive damages are considered by a jury, the jury is considering an amount which will discourage the at fault company and all other companies from engaging in similar behavior. This is why a failure to maintain a vehicle, or knowledge surrounding an employee’s prior driving record are relevant.

Negotiating A Claim When Rear Ended By A Company Vehicle

The available insurance coverage, and the public policy to prevent companies from knowingly engaging in negligent behavior changes the negotiation. Your personal injury lawyer will present your case to the insurance adjuster or their attorney in a manner which reflects this. By citing recent case law which supports the damages requested, your lawyer can build the value of your case so that you are adequately compensated.

Ultimately, your personal injury settlement should reflect all circumstances surrounding your accident. Our staff will walk you through the demand package we are submitting to the insurance company to be sure you understand the process as we request settlement from the insurance adjuster.

Investigating The At Fault Company

Another distinguishing factor in rear end collisions involving commercial vehicles is the tendency for the personal injury law firm to employ an investigator to research the company’s history. This investigation will include uncovering past accidents, corporate policies, and finally whether the company complies with state and federal regulations. In cases like these, quite often the case is as much about your injury as it is about the company’s failure to abide by the rules for doing business in the state. If a failure to follow those rules contributed to the accident, it becomes a key factor in achieving full value for your claim.

Speak With A Personal Injury Lawyer Today

Most of our clients have never sued another individual. Most of our clients have never been seriously injured in a car accident before. We understand this is all new territory to you, and your primary focus is on recovery from your injuries. In our opinion, it makes sense to partner with a personal injury law firm to be sure your rights are protected and you are treated fairly.

If you’d like to speak with us about your accident, call us at 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out to discuss your case today.

When someone is involved in a pedestrian personal injury involving an automobile, the results are often heartbreaking. The Layton Law Firm began its reputation for representing pedestrians by successfully represented a 17-year-old boy who was seriously injured by a driver, while crossing a busy Charlotte street at night. After fighting a denied claim and ultimately prevailing against the insurance company for the child and his family, we made it a priority to fight hard for injured pedestrians.

We currently represent numerous pedestrians in personal injury and wrongful death actions. We take each law firm client’s injuries seriously, but injuries to children and pedestrians are specifically important to us because of the extreme nature of the injuries and the age of the individuals involved. As a result, children and pedestrian injuries have become a passion of ours. Unfortunately, winning a pedestrian claim can be an uphill battle requiring persistence, creativity, and diligent pursuit of recovery.

Don’t Pedestrians Always Have The Right Of Way?

This is the question always asked when there is a pedestrian injury. As a Charlotte pedestrian personal injury lawyer, unfortunately I find myself quite often answering “Not always”. While pedestrians often start with a presumption of right of way, they can easily forfeit it by being too far outside a crosswalk, crossing the road at a non-designated spot, or being inebriated. In fact, there are some instances where a pedestrian actually must yield to the motorist.

How Do I Preserve The Pedestrian Right Of Way?

There are a few guidelines which will help preserve your right of way as a pedestrian. Always strive to:

  • Walk with the cross-walk signals
  • Stay inside specifically marked cross-walk pathways
  • If a sidewalk exists, use the sidewalk (and not the roadway)
  • Electric wheelchair users: follow the rules for pedestrians, NOT for vehicles

Do Drivers Have Responsibilities To Pedestrians In NC?

Yes, there are. Even in a situation where a pedestrian may have yielded the right of way, the operator of a motor vehicle must still exercise reasonable care to avoid colliding with a pedestrian in the roadway. The doctrine of Last Clear Chance can also be applied, and your Charlotte Pedestrian Personal Injury Lawyer will discuss it with you. Essentially, it says that even if a pedestrian has forfeited the right of way, if the operator of the vehicle has the last clear chance to avoid an accident, he or she must avoid the accident. This doctrine applies in other personal injury situation as well, such as automobile accidents between the operators of two vehicles.

How Can A Personal Injury Lawyer Help?

A Charlotte personal injury lawyer will help to make sure you are treated fairly. Insurance companies often deny pedestrian claims based on contributory negligence, or some other factor. An aggressive legal strategy can often overcome this denial and help achieve a fair result. It is our opinion that pedestrians make good plaintiffs.

When an insurance denial is met with a threat of a lawsuit, quite often we are able to reach settlement before entering the courtroom. In most cases, an insurance company does not want to appear in court against a pedestrian, because it shows an unwillingness to settle the case or to be reasonable in accepting liability for the plaintiff’s injuries.

Pedestrian injuries also often lead to large medical bills. Your personal injury lawyer will not only work to secure a fair offer for you, but can also negotiate some of your medical billing. The end result is you end up with more money in your pocket. The ability to negotiate these bills stems from the attorney’s understanding of N.C.G.S. 44-49 and 44-50, which is a limiting factor when it comes to liens resulting from medical treatment related to the injury.

You deserve to have someone fight for your rights. Insurance companies are focused on the bottom line. We focus on the client.

Speak With A Charlotte Pedestrian Lawyer Today

If you were a pedestrian, and you were hit by the driver of an automobile or motorcycle, please call us at 704.749.7747. Or, if you’d like us to call you, just click HERE to request a call online. An attorney will be happy to discuss your rights and provide you guidance, at no charge. There’s no obligation to hire us but we hope you’ll choose to Recover With Us.

If you need a free copy of your accident report, we’re happy to obtain that for you as well– just click HERE to request one and simply let us know the date of your accident, the location, and your full name.

Rear End Collision Demand Letter

If you are in search of a rear end collision demand letter, you have either received one or you are preparing to write one. In either case, you should speak with a personal injury lawyer about your rights. It may be tempting to settle a car accident claim on your own; however, individuals routinely compromise their rights and settle for less than a fair amount when doing so. Call us at 704.749.7747 or click for a FREE CASE EVALUATION and you will receive a call from a lawyer today.

Rear End Collision Personal Injury Process

Were you in a rear end collision? If so, there is a process you personal injury attorney will go through before presenting your claim to the insurance company. First, you will complete intake paperwork. This is necessary to form a contract between you and your personal injury attorney. Second, your attorney will send a Letter of Representation to the insurance company representing the at-fault party. Lastly, your attorney will gather all of your medical records and medical billing associated with the injury. This insures you are addressing any Medical Liens associated with the personal injury claim.

Drafting Your Rear End Collision Demand Letter

Your injury attorney will confirm your treatment with you once all medical records and billing have arrived in the lawyer’s office. Together with a description of the facts, these become the cornerstone content for your demand letter. Essentially, your medical records and bills tell the story of your injury. As a result, your attorney will refer to those records and bills when building your case in the demand letter.

Additional Demand Letter Items

In addition to the records and billing, your rear end collision demand letter will contain any Special Damages you experienced as a result of the accident. Special damages often change what your personal injury settlement is worth.  These range from missing important life events to the inability to carry out life as you did prior to the accident. Lastly, your attorney will request lost wages from you. Often, your employer is required to sign off on a lost wages affidavit. Lastly, if you are self-employed, your attorney may request a few years of tax returns to demonstrate your lost wages.

Reviewing Your Rear End Collision Demand Letter

You will have a chance to review the rear end collision demand letter with your lawyer. It’s important that you carefully review the chronology of medical treatment. If you notice any billing is missing from the demand letter, you can notify your attorney as well. Your demand amount is often a function of your medical billing. As a result, discovering all billing prior to submitting the demand letter is crucial.

Remember, the review process is a chance for you to assist your attorney in telling the story of your claim. The demand letter should paint a complete picture for the insurance adjuster. It is an opportunity to demonstrate how your life has been affected by the accident. It is also a chance to remind the insurance adjuster there is a human being who was affected—it’s not just a ‘numbers game.’

Submitting The Demand Letter

Your attorney will submit your rear end collision demand letter. It’s important to remember that the letter will be submitted with bills and records. As a result, the total package submitted often contains in excess of 1,000 pages of material. The demand letter serves as the table of contents for that material.

The insurance adjuster should confirm receipt of the demand package to your personal injury attorney. After submitting the letter, it will most likely take 45-60 days for the adjuster to review the demand package. Your attorney will dutifully check with the adjuster for updates as time passes. Ultimately, the adjuster should make an offer to settle the claim.

Further Reading

You may want to read our post about how long your personal injury settlement will take. You can also see over 100 articles on our Personal Injury Blog page.

Speak With A Personal Injury Lawyer Today

If you were injured in a rear end car accident, you should speak with a lawyer today. Personal injury lawyers help protect your rights against aggressive insurance companies. Additionally, the call is free. You can reach us at 704.749.7747 or click for a FREE CASE EVALUATION and an attorney will call you today.

Talk To An Accident Attorney In Charlotte

If you’ve been in a car accident, you should speak with an accident attorney in Charlotte. While getting medical attention is the most important step to take after an accident, protecting your rights is a close second. Consultations with an accident attorney are free, and you deserve to understand how to protect yourself if the car accident was not your fault.

Consultations Are Free

Consultations can be done on the phone or in person, and they are free. When you speak with an accident attorney in Charlotte, you’ll be asked about the facts leading up to the accident, your injuries, and what evidence you have regarding the car accident. Typically, your police report or driver exchange form is enough for your Charlotte accident attorney to get started working on your case.

You Deserve A Responsive Law Firm

Your car accident claim will require several steps to be taken by you and your lawyer. This means you’ll work closely with your accident attorney to establish a claim, gather medical bills and liens, and medical records, and negotiate your personal injuryhttps://thelaytonlawfirm.com/negotiate-insurance-company/ claim. While some claims settle, others require the filing of a lawsuit. All of this means that you’ll need a lawyer and a law firm that responds to email and phone calls in a timely manner. The only thing more frustrating than being in a car accident, is not being able to get in touch with your car accident attorney.

Your Accident Attorney Provides Guidance

Not only does your accident attorney work on your claim, but your attorney is also there to answer questions and help you understand the process (How long will my personal injury settlement take?) For instance, establishing and understanding the value of your claim is a combination of many factors (What is my personal injury claim worth?). Your accident attorney will help you to sort through the elements of the claim. Together, you will decide how to value the claim. This means you will be given a voice in the process.

Speak With A Charlotte Accident Attorney Today

In a car accident? Call Layton Law today. You deserve to speak with a lawyer about your case. You can reach us at 704.749.7747. Or, you can click for a FREE CASE EVALUATION and we will give you a call today. We know you have choices. We hope you choose to Recover With Us.

In A Car Accident While Pregnant

We have represented numerous clients who have been in a car accident while pregnant. Fortunately, in each case we have worked on, the child has been born healthy. If you would like to speak with us about how your claim is different when you’re in a car accident while pregnant, please call 704.749.7747 or click for a FREE CASE EVALUATION and we will reach out shortly.

Is My Accident Worth More Because I’m Pregnant?

Generally, your accident isn’t worth more simply because you’re pregnant. However, there are a few factors which may contribute to your case being worth more. These factors tend to exist due to the pregnancy.

  • Inability to take pain medication—If you’re in a car accident while pregnant, generally you can’t take pain medication due to the pregnancy. This means that your pain and suffering isn’t reduced by the medicine you would otherwise be able to take. As a result, we always calculate additional pain and suffering in car accident claims where our client is pregnant.
  • Stress and anxiety—In addition to the reasonable amount of stress and anxiety individuals experience as a result of a car accident, an expecting mother is concerned for her unborn child. While stress and anxiety are hard to calculate or ‘monetize’ in a personal injury claim, if you seek treatment to help you cope with stress and anxiety after the accident, this will establish proof of your experience.
  • Treatment Options Limited– Your treatment options are limited when you’re pregnant. Not only are you limited in Pain Medicine During Pregnancy, but there are also procedures physicians can’t perform if you’re pregnant, and those could increase your healing time or pain and suffering.

Does My Unborn Child Have A Personal Injury Claim?

Generally, no. Your unborn child does not have a personal injury claim. However, if they are born with a defect as a result of the car accident, that could change and they would need legal representation. A guardian ad litem would be appointed for the child (typically a parent) and a claim could be brought before the court on behalf of the minor child, if a Minor Child Settlement is reached or if the case needs to go before a jury.

While your unborn child doesn’t have a claim, your claim value should be adjusted to reflect the fact you were in a car accident when you were pregnant. Your personal injury lawyer will be sure to include a section in your demand package devoted to acknowledging the unique nature of your claim due to the pregnancy.

Is There Any Special Medical Treatment I Need?

If you were in a car accident while pregnant, you should not only consult with your primary care physician and emergency physicians, but you should also see your obstetrician-gynecologist and of course they will be attentive to the fact you were in a car accident.

Speak With A Lawyer Today

You deserve to know your rights. Call us at 704.749.7747 today to discuss your car accident. Or, click for a FREE CASE EVALUATION and we’ll call you shortly. We know you have options. We hope you choose to Recover With Us.