$190,000 Settlement: Automobile Accident / Wrongful Death of Infant
Infant Born Prematurely Due to Hemorrhage Produced by Collision
This was a single vehicle accident. Our client was a passenger in a car that swerved to avoid a car that had crossed the centerline and ended up striking a utility pole. Our client, who was 27 weeks pregnant, suffered placental abruption (hemorrhage surrounding the gestational sac), resulting in premature delivery of her child. Due to a host of problems associated with prematurity, the child died shortly thereafter.
In this case of limited available insurance coverage, the defendant denied that she had crossed the centerline turning this matter into a classic "swearing contest" as that term is used in the legal profession. In attempting to battle this denial of responsibility, we went to great efforts to locate an EMT that had come to the scene. He had been on duty in Iraq. Fortunately, we were able to take a sworn deposition in which he stated that the defendant admitted crossing the centerline at the scene of the accident and that she did not deny doing so until after a cell phone conversation with her husband. This case settled in less than one year after the filing of the lawsuit.