Mother of Still Born Son Compensated ($80,000)

Nearly 5½ years after having an automobile accident and losing her unborn child, a young woman retained Denise Fullerton to assist her in pursing a claim for the still birth of her son. Despite seemingly insurmountable obstacles, Ms. Fullerton was able to secure the full $80,000 in available insurance proceeds for her client.

The Plaintiff was driving her vehicle in heavy rush hour traffic along the highway, when her vehicle was rear-ended. She was in the front automobile of a three vehicle rear-end chain collision. Damage to her vehicle was approximately $1,500. She was seven months pregnant at the time. She believed she struck the steering wheel upon impact.

Six days later, labor was induced, and she gave birth to her son. It was later determined that he had died two to three days prior to his still birth, as a result of placental abruption. Her doctors explained to her that the collision had caused a small abruption in the placenta, which led to a small leak. Within less than a week, the leak was enough to kill her fetus.

The Plaintiff suffered from numerous other risk factors throughout her pregnancy. A serious delay in presenting the claim, as well as the lack of any supporting expert opinions establishing causation, were also potential barriers to the claim. Ms. Fullerton obtained $50,000 from the at-fault driver’s insurance carrier, and another $30,000 from her client’s underinsured motorist insurance carrier.


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