My husband and I were in a motor vehicle accident in December 2013. I was 8 was pregnant at the time. The accident was the other drivers fault as he drove straight into us. I did not see a doctor that day as I had my obgyn appt the following morning. They did an ultrasound and did not find a heartbeat. I had a scheduled D&C the following day. It has taken 7 months for Allstate to provide me with a settlement offer. I just got off the phone with the representative and she said that because the medical notes do not mention anything about the car accident or it being the cause of the loss that they can only offer me under 2k for everything that has happened. My bills total over 11k. Do I have a valid case to ask for more compensation or due to the notes not stating the accident should I accept the offer and move on?
5 Answers from Attorneys
You have made a horrible mistake in talking to Allstate directly. Allstate is one of the two worst insurers (State Farm is the other bad guy). Even the best insurers will offer you at least 80% less than they would have offered with an attorney. A case where your unborn child was harmed is likely a HUGE case, and Allstate is taking advantage of you. STOP talking to them, and call a lawyer - be it me or someone else - today. No one can promise you an outcome, but Allstate is as bad as they come - stubborn, litigious and cheap, and you will not get a good outcome without a lawyer.
Our firm has recovered for the loss of the unborn fetus.
We can't guarantee a result but if you are interested you could call our firm at 404-531-9700. One of our attorneys will be happy to speak with you.
I agree with Glen that you should speak with an attorney before contacting Allstate again. I would be interested to know more about the collision. Was there substantial property damage to your vehicle or the other vehicle? Did your husband suffer any injuries? Did you suffer any other injuries? I can imagine the grief following your loss prevented you or your husband from worrying about this accident. Did your OB give any explanation as to why you lost your child? Even a theory as to why the heart beat stopped. Also, do you have any prior history of difficult pregnancies. Answers to all of these questions can help me properly evaluate the value of your case. I can say with certainty, that Allstate is one of the worse insurance companies for claims and a $2,000.00 on $11,000.00 is below a low ball offer. I would be happy to speak with you today. I am a solo practitioner and all my clients get my cell phone. You can call me at 404.307.3654.
Very sorry for your losd
No amount of money will ever compensate you for the loss of your child
All of the above attorneys are right and all would set Allstate straight and get you what you deserve
Call one of us ASAP and do not talk to anyone until you hire counsel
7790.985.6773 (answered 24 x 7)
Please accept my condolences for the loss of your child. I agree with what has been stated above by the other lawyers, particularly with regard to Allstate. To answer your specific question, the fact that the OB-GYN did not mention the cause of death in the report itself does not prevent a recovery. The OB-GYN can cure that in a subsequent medical note or in testimony at a deposition or at trial. Also, if this particular OB-GYN is unwilling to do that, another doctor can fill in that gap in the evidence with such an opinion. If this OB-GYN is not willing to co-operate run away as fast as you can and go to another doctor. Unfortunately, a culture has appeared within the medical profession in recent years where some doctors refuse to help their own patients in litigation matters. You have to get a lawyer for this case ASAP. Allstate will continue to treat you the same way until you do. You need to get experienced personal injury/wrongful death counsel. A criminal or divorce lawyer, etc. won't know what to do even if they say they do. Ask around to friends and others whose opinions you trust and determine who is the best attorney in your jurisdiction for such a case and see that person immediately. Do NOT call any of the lawyers who advertise on TV. I personally know one of the biggest TV advertisers from law school and he has never tried a case. He just signs the client up and tries to settle the case for nominal money with as little work as possible, making money on volume. If you want, call me and I'll send you to the best lawyer in your area for this case at no charge to you. I prefer that you look me up on the internet and read my credentials to get my telephone number. That way you will know my qualifications (I have been a personal injury attorney for 40 years and have been president of several legal organizations/Bar associations) before you call me.