Legal Options If You’re in a Car Accident While Pregnant in South Carolina

After a car accident while pregnant in South Carolina, you may be able to pursue a claim for your own injuries, including the pregnancy care the crash made necessary. If your baby is born prematurely or with injuries from the crash, your child may have a claim of their own. If you lost your child because of the crash, you may be able to pursue a wrongful death claim, depending on how far along your pregnancy was.

We understand how overwhelming it can be to manage additional doctor visits and calls from the insurance company while trying to recover and take care of your unborn child. If you were hurt in a car accident while pregnant, the team at Armada Law Injury Attorneys can walk you through your options.

What Can You Recover for Your Own Injuries While Pregnant?

You may be able to recover money for the same things as you would for any other injury claim, including medical bills, lost income, and pain and suffering. When you’re pregnant, the medical bills often include additional care, such as an ER visit with fetal monitoring, extra OB appointments, ultrasounds, and treatment for any complication the crash caused.

Lost income depends on whether you were still working when the crash happened. If you had already stopped working before the accident, you usually can’t claim lost wages for the time you had planned to be off. If you were still working and your doctor ordered bed rest, extra monitoring, or limits on your work after the crash, the time you missed may be part of your claim.

Your spouse may also have a claim. South Carolina lets a husband or wife bring a separate claim for losing your companionship and help at home because of your injury. We can help you understand what that claim could look like for your family.

Can My Baby Have a Claim If They’re Born with Injuries from the Crash?

If your baby is hurt before birth in the crash and born alive, your child may have a claim of their own, separate from yours. South Carolina courts have recognized claims where injuries before birth led to a disability or death after the baby was born.

Some of these injuries may not be clear until delivery or even months later, especially as your baby is growing and developing. We understand that waiting is often the hardest part, which is why it helps to tell your baby’s pediatrician about the crash and keep those records alongside your own. Your child’s claim is about your child’s own injuries and care, so it’s handled separately from the claim for what you went through.

What Happens If You Lose Your Baby After a Car Accident in South Carolina?

Losing a pregnancy after a crash is a devastating loss. We know that no legal claim can make up for it. In South Carolina, whether a wrongful death claim is possible depends on viability, which means whether the baby was far enough along to survive outside the womb.

If the Pregnancy Had Reached Viability

South Carolina allows a wrongful death claim when someone’s negligence causes the stillbirth of a viable baby. The state Supreme Court first recognized this kind of claim in 1964.

Family members can’t file this claim on their own. It’s brought by the executor or administrator, the person the probate court appoints to handle the baby’s estate. Our guide to choosing the right wrongful death attorney in South Carolina explains more about how that process works.

A wrongful death claim is about your family’s loss, and it may bring money for that loss separate from your own injury claim. We know no amount of money can change what happened. What the claim is meant to do is hold the driver who caused the crash accountable for what your family experienced.

If the Pregnancy Was Lost Before Viability

South Carolina doesn’t allow a wrongful death claim for a baby lost before viability. The state Supreme Court decided this in 2000 in a case that began with a car crash. The mother was 20 weeks pregnant when the car she was driving collided with a truck, and her baby was stillborn later that day.

That ruling limits the wrongful death claim only. You can still pursue your own injury claim. Every injury claim is different, and compensation not just based on your injuries, but available insurance and percentage of fault. One of our attorneys can talk you through what this means.

Why Your Medical Records Matter More When You’re Pregnant

Even after a minor or low-impact car accident while pregnant, get checked and tell every provider that you’re pregnant and that you were just in a crash. Being rear ended while pregnant can feel like nothing at first, even at low speed, but some injuries take time to show up. It’s important to have records that link your care to the crash.

Insurance companies may question whether a complication came from the crash or from the pregnancy itself. That’s why these records are so important: they offer the clearest answer. Keep these together as your claim moves forward:

• ER, OB, and ultrasound records and bills
• Any work notes from your doctor
• Your baby’s records after delivery

Should You Settle Your Claim Before Your Baby Is Born?

It usually makes sense to wait until you and your doctors have a full picture of the impact of your injuries before you settle, because some pregnancy complications may not show until delivery or after. If you accept a settlement for a car accident while pregnant and problems show up after your baby is born, that settlement usually closes the door on asking for more.

A first offer often comes quickly, sometimes before your next OB appointment. Before you sign anything, it’s important to know what you give up when you accept the first offer. One of our South Carolina car accident lawyers can look over an offer with you. Right now, your focus belongs on your health and your baby, not on back-and-forth calls with the insurance company.

How Long Do You Have to File After a Car Accident While Pregnant?

In South Carolina, each claim that can come out of a car accident while pregnant runs on its own deadline:

The personal injury statute of limitations in South Carolina has its own exceptions, so it helps to check your dates early. We can help you figure out which dates apply to your case.

Get Guidance for You and Your Baby After an Injury

Being hurt in a car accident while pregnant means caring for yourself and your baby while also trying to make sense of medical bills, insurance calls, and what the law allows. You don’t have to sort through that on your own. Let our team at Armada Law Injury Attorneys guide you through your claim and help you understand the best path forward for your family, with no upfront cost. Call us at 833-332-3128 or reach out through our contact page, and we’ll be here when you’re ready.