Indiana’s Trusted Personal Injury Advocates Since 1963.
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Indiana’s Trusted Personal Injury Advocates Since 1963.
We stepped in to hold an insurance company accountable in a car accident
causing a premature birth
Insurance Offered $0
$50,000 eventually awarded to Nina
Settlement
Before Yosha Law stepped in, Ashley Brown’s Insurance company was not willing to recognize Nina Brown as a person. Brandon was able to prove Nina was a person at the time of the crash and obtained the $50,000 limit for Nina.
On her way to pick up a cake. She was waiting patiently at a red light for her turn to cross an intersection. When her light turned green, she pushed the gas pedal. At the same time, a car coming in the perpendicular direction did not stop at his red light, and t-boned her on her driver’s side.
After this violent crash, once she regained her consciousness, Ashley’s next immediate concern was her baby she’d been carrying for 34 weeks. A baby girl that was due to arrive three weeks later. Ashley had radiating pain in her neck from the whiplash, and while she sat in her car waiting for help to arrive, she felt dampness in her seat. This dampness wasn’t sweat or blood, but
it was her water breaking.
As she was rushed to the hospital, Ashley noticed that the baby was not moving as much as she regularly did. The car accident definitely did something, but she didn’t know the extent yet. In the emergency room, they couldn’t find the baby’s heartbeat, so the doctor’s immediately scheduled an emergency c-section.
Minutes later, her and her husband both heard their baby’s cry. Thankfully, newly born Baby Nina was ok, but there was still a long road ahead for both mother and baby. Ashley not only had to recover from the birth, but also the injuries sustained in the accident. And Baby Nina needed extra care due to having been born prematurely.
Ashley’s insurance company didn’t consider her newborn daughter, Nina, an actual person when it came to filing the claim. So while they offered Ashley an initial settlement for her medical bills, car damage, and trauma, the insurance company initially refused to pay for baby Nina’s damages from this crash, as she technically was not a “person” under Ashley’s uninsured motorist policy.
