Showing posts with label personal injury claim. Show all posts
Showing posts with label personal injury claim. Show all posts

Tuesday, February 9, 2010

Woman Loses her Unborn Child in Car Accident

Nothing hurts a mother more than to endure almost nine months of pregnancy, only to lose her baby even before he or she was born.

That is probably what the woman from this news item is feeling right now after the vehicle accident that killed her unborn child.

According to reports, the eight month pregnant woman was a passenger in a car that made an “unsafe left turn” then collided with a lunch truck and another vehicle at the intersection of West Washington Boulevard and South Western Avenue in Harvard Heights.

The woman sustained injuries and was brought to a hospital where her child was declared dead.

In this case, the woman can file a personal injury claim for her own injuries and a wrongful death claim for her unborn child.

Under the law, a passenger cannot be held liable for a car accident unless he or she distracted the driver.

Not only can she collect for the expenses brought by her injuries and the death of her child, she can also collect for the monetary equivalent of the pain, grief and suffering she endured because of the events that happened.

The monetary compensation will not replace her child but it’s an amount that she deserves for what she lost.

Friday, December 18, 2009

Pedestrian Determined to Be at Fault for University City Collision

San Diego Police has determined that the 59-year-old pedestrian struck by a car in University City yesterday morning was at fault for the collision.

The pedestrian accident occurred at the intersection of Nobel Drive and Genesee Avenue, and was reported at about 5:37 am.

The pedestrian sustained possible head trauma and was transported to a nearby hospital for treatment.

Luckily the pedestrian has health insurance with personal injury protection coverage.

Otherwise his assets may take a hitting from his medical treatment.

It looks like his personal injury claim will be denied if he decides to file it against the driver.

Police deemed that the pedestrian is the one at fault for the accident and the driver was not cited for any infraction, which is strong proof that the driver was not negligent at the time of the accident.

The lawyers of the insurance company that represent the driver will pound on those facts which would not be very good for the pedestrian’s case.

He could still try to talk to some car accident attorney and see if they could find another legal angle to which he can file a personal injury claim.