Subject: Can a Pregnancy Termination Due to a Car Accident Injury be Included in My Injury Claims?
Hi everyone,
I apologize if this isn’t the right forum, but I’m feeling overwhelmed and just need some guidance. Thank you for any insight you can provide.
I was involved in a serious rear-end collision in November 2023 while stopped at a red light, resulting in multiple injuries. I broke three ribs, which kept me out of work for three months while I healed and received injections for disc herniations. Later on, I discovered I also tore both hip sockets and possibly injured my elbows and knee menisci; I’m still awaiting MRIs for those. I ended up undergoing surgery on my more severely damaged hip, a lumbar fusion at L5/S1, and a cervical disc replacement at C5/C6. For now, I’ll focus on my lumbar issues.
During the accident, I herniated both L4/L5 and L5/S1, but my symptoms only warranted surgery on L5/S1 at that time. Unfortunately, I experienced complications a month post-op that worsened the L4/L5 herniation, leading to significant discomfort and nerve pain down my left leg. My surgeon advised that I try physical therapy and an injection before scheduling further surgery at L4/L5, but he also mentioned that I should be ready to consider family planning with my husband in about three months after the last surgery.
For years, I’ve been told that I would need IVF to conceive due to blocked fallopian tubes. After four surgeries for endometriosis, I was fortunate enough to have two rounds of egg retrieval funded by insurance when I was 32, leaving me with 26 frozen eggs. My family planning had to take a back seat due to my injuries, but out of the blue, I received a positive pregnancy test this week. I’m in shock since I was led to believe for 15 years that natural conception wasn’t possible. I went to the ER, and they confirmed a normal, healthy pregnancy at about five weeks.
However, I’m now facing the harsh reality that I cannot continue this pregnancy due to the strain my injuries have put on my body. Carrying any extra weight would be too much for my herniated disks. My husband and I have decided to seek a termination.
Given the circumstances, I’m wondering if this situation could be included in my damages from the accident, even though the termination isn’t an emergency and I wasn’t pregnant at the time of the accident. I know it’s a complex issue, and I’d really appreciate any thoughts you may have.
Thank you for taking the time to read my post. Please be gentle with your responses; this is a really difficult time for me.
I’m really sorry to hear about what you’re going through. It sounds incredibly challenging, both physically and emotionally. When it comes to injury claims and seeking damages, the specifics can vary significantly based on state laws and the particulars of your case.
In New Jersey, typically, claims for damages in a personal injury lawsuit can include a range of medical expenses, lost wages, and sometimes pain and suffering. However, the inclusion of a pregnancy termination in your claim might be more complicated. Generally, courts often look to direct damages that are a result of the accident, and since the pregnancy was not a factor at the time of the incident, it might be viewed as a separate issue.
That said, it’s crucial to discuss your situation with a personal injury attorney who can give you expert advice tailored to your unique circumstances. They can help evaluate your case and determine what can be included in your claim based on the details of your injuries, medical complications, and the termination decision.
Remember, in times like this, reaching out to a professional who understands the legal and medical landscape can make a significant difference. Take care of yourself, and I hope you find the support you need during this difficult time.