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NY Serious Injury Laws: Car Accident While Pregnant

For pregnant women, even the most minor car accidents can hold serious consequences for the mother and fetus. Any forceful collision to the unborn child can result in fetal brain damage, placental abruption, birth defects or death. One can claim damages from an accident of this sort as long as they meet certain criteria in the state of New York. In addition to the physical damages sustained by the accident, pregnant women may also be entitled to non-economic damages incurred to their mental health. These emotional injuries can sometimes be more significant than the physical ones, and may even result in higher compensation.

In the state of New York, car accidents fall under a No-Fault policy which means the insurance carrier of the host vehicle will cover certain costs, regardless of who is at fault for the accident. This includes medical costs for injuries caused by a car accident and a percentage of lost wages due to the inability to work caused by the injury.

In New York, in order to receive compensation through the at fault driver’s liability insurance carrier for the pain and suffering of your injuries, one must have either have sustained a “serious injury” (as defined by law) from the accident). For a pregnant woman, the loss of a fetus is within the meaning of “serious injury”.

Pregnant women treating for injuries from a car accident sometimes face additional challenges such as not being able to have certain radiological tests performed or therapies and/or procedures completed.


If you are a pregnant woman with injuries as a result of your car accident, you may be entitled to extra monetary reparation in your settlement. Don’t wait to open your personal injury claim; be in touch with Ribowsky Law- Queens Personal Injury & Accident Lawyer, to reclaim what is yours today.

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