What should I do if my pregnant wife was hit by a drunk driver?

Question

My wife was t boned by a drunk driver. The car was destroyed, but no injuries. She is also 13 weeks pregnant now and she is scared to drive a car let alone get inside one. I was wondering, am I obligated to a lawsuit claim? If so, what type of lawyer do I contact?

Lawrence Ramunno · Answer

You can discuss the accident and possible claims with a personal injury lawyer.

Reza Torkzadeh · Answer

Sounds like your wife was very lucky.  I am handling several cases exactly like this.  I suggest you immediately speak with a personal injury lawyer about your wife's claim.  I would avoid speaking with anyone about the case until you have done so.  Since it is early in your wife's pregnancy, I believe it would be premature to engage in any settlement discussions until your wife is further along in her pregnancy.

Timothy Klisz · Answer

She certainly has no fault benefits coming and she should follow up often with her ob-gyn to make sure everything is fine. There may or may not be a third party case against the drunk, but it may be too early to tell.

David Stoddard · Answer

I am not sure what you mean "am I obligated to a lawsuit claim?"  If you are asking are you entitled to sue, your wife can sue for whatever damages she suffered.  You would also have a potential claim for loss of consortium. You need an attorney that handles personal injury cases.

Mark Miller · Answer

While your wife may not have suffered physical trauma, it sounds like she may have suffered emotional trauma.  She should probably seek some psychological treatment or at least a consultation.  Also, if the car was totaled she should make sure that the baby is okay.  Since you have property damage presumably you have put the at party's insurance company on notice regarding a potential bodily injury claim.  The Statute of Limitations is 3 years in Colorado so you have time to sue if need be.  That will give you time to see if there  is recurring emotional/psychological issues re driving and to some degree if the baby is okay, presuming everything goes okay re delivery.  You should talk to a Personal Injury Attorney (motor vehicle accidents).

Jami S. Oliver · Answer

You have two years in Ohio to pursue a claim for negligence, although that timeframe may be shorter if the claim in uninsured or underinsured.  For this reason, you should consult a personal injury attorney right away.  You can always wait until your wife gives birth to be sure that no damage was done to the unborn child.

Steven D. Dunnings · Answer

In order to be eligible to file a suit for pain and suffering, you wife must be receiving ongoing medical/psychological car and her injuries must be such that she unable to need a normal life. Being afraid to drive a car might not qualify.

Jared Altman · Answer

If she didn't get hurt then there is no case. If, Heaven forbid, she loses the baby, you can sue over that.

Gregory Casale · Answer

Without injuries there is no claim for BI (bodily injury). You of course have a claim for damages to your car and you can put the claim into the auto insurance company for that without a lawyer. However, if your wife was harmed, including harm to the unborn child, or even psychological harm that can be documented and conformed by a counsellor, then you should contact a Personal Injury lawyer, like me. The components of any tort claim are 1) liability, 2) causation, and 3) damages. You clearly satisfy liability if a drunk driver t-boned her and was charged criminally for doing so. Damages must be present for causation to even be an issue. You shouldn't be too quick to declare no damages if your wife is pregnant. You may want to check with her OB/GYN to make sure that there are no damages that are not obvious. You have three years to file a claim and you do want to make sure that there are no injuries that arise later that were not evident initially. Good luck.

Orman Kimbrough · Answer

You should have your wife seen by her physician as soon as possible regarding her pregnancy.  You should consult with an attorney who handles personal injury case as that person can advise you and your wife of your rights and obligations under the law and you can determine if a lawsuit is in her best interest.

Travis Prestwich · Answer

I am sorry to hear about your wife.  I glad she appears to be okay.  No, you don't need to file a lawsuit, but you should make sure there are no complications, etc.  You should contact a personal injury attorney.

Andrew Velonis · Answer

She can only recover financially from an injury if she has what is considered a "serious injury" as that term is defined by law. This includes death, miscarriage, fractures, a total disability that lasts 90 days or a permanent partial disability. The injury must be confirmed by objective medical proof such as an x-ray, MRI, CT scan or nerve conduction study.  Nevertheless, file a no-fault claim with your insurance company. It doesn't matter that it was the other driver's fault; that's why they call it "no-fault". Notify your insurance company, get a claim number and a benefits application, fill it out right away and send it in. You may not be able to answer every question, such as "amount of medical expenses" if she hasn't had any yet, just do the best you can and send it in immediately. Then she can get the psychological treatment she needs. As long as the doctor signs that the treatment is medically necessary and related to the accident, she is covered.

Douglas P. Oh-Keith · Answer

If your wife was hit by a drunk driver she definitely has a claim.  Oregon law also recognizes increased damages for a pregnant plaintiff based on the additional worry connected with thinking about the health of the baby.

Paul Whitfield · Answer

Insurance companies usually pay drunk driver cases. They don't want to be in front of a jury with a drunk. So you must make absolutely sure your wife is OK. Have her checked by her OB/GYN and by a medical doctor. If she has psychological problems as you suggest she ought to see a psychologist. You must have legitimate medical expenses to buttress a claim. A fetus is strong (God ordained it that way) and an auto accident usually does not cause a problem. It can, however, so get checked out carefully and audit the situation closely.

Matthew Kaplan · Answer

You are not obligated to do anything other than take care of your wife.  If she is scared to drive she should see a counselor to see if she has some mild PTSD.  Your wife has a 2 year period of time to file a lawsuit in Oregon.  If she has any pain, she should follow up with a doctor and make sure she is OK.  At this point she should not speak with anyone from the at fault driver's insurance.  She should open a PIP claim on your insurance if she needs to treat for injuries or misses work.

Joseph Lipsky · Answer

First of all, we are sorry to hear of your wife being involved in the Florida Car Accident.  We certainly hope your wife and unborn child did not sustain any personal injuries.  While you indicated that your wife did not suffer physical injuries, it appears from your email that she is having some psychological issues, which my require her to seek the assistance of a mental health professional.  Assuming your wife, or heaven forbid, your child upon birth requires medical care, then they would be entitled to pursue a claim against the drunk driver who caused the car accident.  As Florida has a four year statute of limitations to pursue a personal injury claim, there is significant time for both your wife and child to seek redress for any documented injuries.

Steven Fink · Answer

A personal injury lawyer is who you want.  Glad there were no injuries.

Bernard Huff · Answer

Your wife, the aggrieved party, should contact a plaintiff's personal injury or accident attorney for legal advice and/or representation. Initially, check to see if the other driver carried insurance at time of the collision.

New User · Answer

You never are obligated to file a lawsuit. However, your wife should consult her ob-gyn and perhaps a psychologist to address her fear of riding in cars. You will need to make a claim with your health insurer or auto med pay for the cost of treatment. Ultimately, this is the responsibility of the driver who caused the collision. Good Luck.

James Kelaher · Answer

It would be smart to hire a good, reputable personal injury lawyer to represent your wife, and the fact that the other driver was intoxicated will make the case much easier and more valuable.  You are never "obligated" to bring a lawsuit, and the reality is that chances are you won't have to file suit, but I think you should still consider at least having a lawyer contact the driver's insurance company to see what they are willing to do. A good personal injury attorney will give you a free consultation and represent you on a contingent fee basis, so you don't need to have a lot of money to hire a lawyer.

Ehsan Eftekhari · Answer

If there were no injuries, you don't need to file a lawsuit. I would check with her doctor to make sure the baby is ok. If she loses the baby and the doctor says the accident caused the loss of the baby, you can sue then.

Thomas Bulman · Answer

Make sure the judge knows that you think the drunk should serve jail time.

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