ABA Family Legal Guide

Personal Injury

Negligence

Automobile Collisions

I was in a car accident during my pregnancy and my baby was born with a deformity as a result of injuries from the accident. Does my child have any legal recourse?

Many states today will permit a lawsuit by a child for the consequences of such prenatal (before birth) injuries. In states with no-fault automobile insurance, your right to sue often is limited. Most courts also will allow a wrongful death action if the baby dies from the injuries after birth.