I’m sorry to post here, but I’m looking for any guidance I can get.
I was in a serious rear-end collision in November 2023 while stopped at a red light. The accident resulted in three broken ribs, which kept me out of work for three months while I healed and underwent injections for disc herniations. I later discovered that I also tore both hip sockets, and there’s a possibility I tore my elbows and both knee menisci, but I’m still waiting on MRIs for those injuries. I’ve since had surgery on my worse hip, a lumbar procedure at L5/S1, and a cervical disc replacement at C5/C6. For now, I’ll focus on my lumbar injuries.
During the accident, I herniated my L4/L5 and L5/S1 discs. Initially, only the L5/S1 herniation was symptomatic, so that’s what was surgically addressed. About a month later, I experienced severe nausea and worsened the herniation at L4/L5, which is now significantly larger than the L5/S1 herniation ever was. This has caused my legs to feel disconnected and I’ve developed pain along a classic nerve pathway in my left leg, hip, and thigh. After a follow-up MRI confirmed the growth of the herniation, my surgeon recommended surgery at L4/L5 but suggested trying an injection and physical therapy first for surgical approval. We also talked about my husband and I wanting to start a family (I’m 39), and the surgeon mentioned that three months post-op, I should be in a better position to proceed with that.
Since I was 24, I’ve been informed that I would need IVF because both of my fallopian tubes are blocked. After undergoing four surgeries for endometriosis, I’m left with 26 eggs frozen from two rounds of egg retrieval covered by insurance when I was 32. Family planning took a backseat due to the injuries I sustained in the accident. However, last Wednesday, I experienced an unbelievable surprise with a positive pregnancy test. Given what I’ve been told for 15 years about not being able to conceive naturally, I was in shock. I went to the ER to rule out an ectopic pregnancy, and they confirmed that it’s a healthy pregnancy—currently about five weeks along. Nonetheless, I’m recognizing that carrying this pregnancy is impossible due to my L4/L5 herniation; my legs struggle even with my own body weight. Therefore, my husband and I will be seeking a termination.
I’m wondering if this situation could be included in my injury claims related to the accident. I suspect the answer might be no, as this is not an emergency termination and I wasn’t pregnant at the time of the accident, but it feels like an incredibly unfortunate situation. Thank you for taking the time to read this. I appreciate your kindness as I navigate this challenging time.
I’m really sorry to hear about everything you’re going through—dealing with an injury from an accident and now facing such a difficult decision regarding your pregnancy is understandably overwhelming.
In terms of whether the termination of your pregnancy could be included in your injury claims related to the car accident in New Jersey, it’s a nuanced topic. Generally, personal injury claims aim to compensate for injuries directly resulting from the accident, including medical costs, pain and suffering, lost wages, and future medical expenses. Since the pregnancy is indirectly related to your injury (as it complicates your ability to carry or care for a potential child due to your existing health issues), it’s less clear if it could qualify for damages.
However, some legal precedents do allow for claims involving unexpected or unfortunate outcomes that arise due to injuries sustained in an accident, especially when they significantly impact your life. It may be beneficial to consult with a personal injury attorney who can provide specific advice tailored to your situation, especially given the complexities involved.
They could help assess all the factors at play, including your medical condition, the anticipated costs related to your decision, and how the accident’s repercussions have affected your life plans. Make sure to document everything and keep detailed records of your medical treatments and any discussions you’ve had regarding your current pregnancy and its implications.
Take care of yourself during this incredibly tough time, and don’t hesitate to seek out emotional support. You deserve it.