Settlement for Victim of Rear End Accident Leading to Premature Birth of Baby

On September 7, 2018, our client 39-year-old pregnant women was rear ended while stopped at the red light. At the time of the collision, our client was 26 weeks pregnant with her first child, and which she considered a miracle child due to her age. Our client was transported to the emergency room. She was examined and observed with good fetal movement and no cramping. She was discharged from the hospital with neck and wrist pain. On September 10, 2018, our client experienced contractions and cramping.  She was rushed to the hospital where she delivered her baby preterm. The baby boy weighed only 2 pounds and 12 ounces at birth and was immediately transported to the neonatal unit of the children’s hospital. The baby boy remained in the neonatal unit for over 2 months until discharged. While born premature, our client’s son has done exceptionally well since his release from the hospital, exceeding growth charts and other developments, typical of a premature baby. At first, the insurance company for the driver that rear ended my client disputed that the motor vehicle collision could have caused our client’s preterm delivery. The insurance company pointed out that at our client’s age, she had a higher risk of a preterm delivery. Gainsberg Injury and Accident Lawyers was able to secure my client’s medical records and opinions of her treating physicians to show that my client has no health or other conditions that would suggest a preterm birth. We were also able to point out that before the collision, my client was experiencing a normal, healthy pregnancy without any complications. Therefore, we were able to convince the insurance company that the collision was a cause of the preterm birth. Before any litigation, Gainsberg law, secured a settlement of $50,000.00 for the mother due to the premature birth and a $100,000.00 policy limits settlement for the baby boy.