What should I do if my pregnant wife was hit by a drunk driver? 34 Answers as of September 23, 2011

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.

You and your wife should consult with a Personal Injury Attorney. The attorney would be able to get specific details on the accident, the vehicles involved and also on the driver of the other vehicle. (i.e. was the driver arrested for driving under the influence, was the driver convicted of driving under the influence, was the driver insured, et.) The attorney would also be able to determine any legal ramifications, if any; you may have and will be able to guide you in the best course of action specific to your particular fact pattern.

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.

Call a personal injury attorney. Sounds as if your wife is suffering from negligently inflicted emotional distress. Also, should get her to a psychologist or psychiatrist as soon as possible.

You don't need to file a lawsuit yet but you should hire a lawyer to process your wife's claim against the other driver, preferably a lawyer who does a lot of personal injury work.

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.

There is no obligation to sue. You should see a personal injury attorney.

Yes, you can bring suit. Here the damages would be for emotional distress arising out of the car accident. You would talk to a personal injury attorney, like myself.

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.

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

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.

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.

I'm glad to hear that your wife a baby are ok physically, but she may have post traumatic stress disorder - which is often more upsetting that physical pain. If your wife is interested in pursuing a claim she should consult with a personal injury lawyer.

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.

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.

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

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.

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.

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.

Nobody is ever "obligated" to sue anyone. To sue, you need negligence and injury. From what you say, the drunk driver was negligent (perhaps even from the fact that he was drunk) and your wife has sustained injuries which are psychological, in nature. Psychological injuries are no less real than broken bones. Your wife should seek appropriate medical care and she would certainly have a claim against the drunk driver. It may be counterintuitive but the fact of the driver's being drunk has nothing to do with the value of your case. If your wife had sustained physical injury, you could also pursue a dram shop claim against the bar/restaurant that sold the alcohol. Any personal injury attorney can assist you.

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.