There was a car accident that caused a pregnant woman who was in the car that was hit to have fetal complications, which resulted in an emergency caesarean section, as reported by the New York Law Journal in a March 20, 2013 news article.

This baby did not survive, and the woman stayed home, and “missed five months of work” afterwards. The lady brought suit against the driver who hit the car she occupied. She claimed that she sustained serious injuries as defined by New York’s Insurance Law because she lost her fetus.

The driver requested “leave to renew and reargue their motion for summary judgment,” which was not granted by the court, whereas the lady wanted summary judgment claiming that she had sustained a serious injury. The issue that the court had to decide was whether the lady had, in fact, endured a serious injury as defined by the Insurance Law. The court held that if a woman loses her baby, in a vehicular accident, then she could recover funds. Thus, the court granted the woman’s motion for summary judgment.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial in office consultation or visit our website at