New York Injury Attorney Handles Groundbreaking “Loss of Fetus” Case

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After a car accident, doctors performed an emergency caesarian section to save the victim’s unborn child. Now, the Law Office of Richard M. Kenny is handling a unique “loss of fetus” case to obtain compensation for the client under the New York no-fault law.

New York City Personal Injury Attorney

New York City Personal Injury Lawyer

Only a few months before her child due to be born, a New York mother was involved in a serious car accident. After the crash, doctors performed a caesarian section after the woman went into premature labor (New York Supreme Court Nassau County, Case #8656/09).

Under the New York no-fault law, personal injury victims (who meet specific criteria) are entitled to coverage – even if they were partially responsible for the accident. According to the no-fault law, “loss of fetus” entitles the victim to compensation. Today, the Law Office of Richard M. Kenny is seeking compensation for the client under the New York no-fault provision – even though the child survived (Nassau County, Case #8656/09).

Through this case (Nassau County, Case #8656/09), Attorney Kenny suggests that “loss of fetus” does not always refer to fetal death; it only implies the termination of the pregnancy. In this instance, the client’s pregnancy was terminated and the child survived. However, the woman can still recover compensation for medical expenses and other costs (Nassau County, Case #8656/09).

Compensation recovered in this type of personal injury claim can be used to cover medical expenses and other bills. According to New York law, “loss of a fetus” is considered a serious injury. Additionally, claims can be used to recover “non-economic” damages, such as pain and suffering (N.Y. ISC. LAW § 5102).

The Law Office of Richard M. Kenny is a personal injury law firm that offers legal assistance in New York City. Led by Attorney Richard M. Kenny, the firm has more than 50 years of collective legal experience and is well-versed in a wide variety of personal injury case types. Their practice areas include car accidents, catastrophic injury cases, defective product cases, medical malpractice, wrongful death, and many others. To learn more about the Law Office of Richard M. Kenny, visit

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