Crockett, CA asked in Car Accidents for California

Q: If my injury is the result of a crash by another driver and I am injured, am I able to sue them to pay for my therapy?

My family and I got into a car crash when our car was rammed from behind by another car. The driver of the other car who rammed us got away with $800 only. This happened in May. We were checked for physical injuries, but they said nothing was wrong. My arm progressively got worse as the months went by. My arm was later checked in November because I was having trouble with daily activities. They found out that the whole right side of my body (excluding my legs), and my spine both had nerve damage from the injury. Am I able to charge him for whatever cost is left for physical therapy and any medical bills relating to the injuries?

Related Topics:
4 Lawyer Answers
Manuel Alzamora Juarez
PREMIUM
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Personal Injury Lawyer
  • Berkeley, CA
  • Licensed in California

A: Call your insurance company and inform them of your accident. If you have the police report take it to an attorney and let him help you. Best of luck.

Tim Akpinar agrees with this answer

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Santa Ana, CA
  • Licensed in California

A: You are massively underselling yourself and harming your own interests. You need a lawyer. If you need an appendectomy, would you do it yourself? Studies show that people who are represented by an attorney get more, net in their pocket, than people who try to represent themselves.

You do not sue for the cost of physical therapy, and especially not for the portion of the cost that your own medical insurance did not pay.

You sue for all of the harm that you were caused: the full amount of past and future medical expenses (including those amounts already paid by insurance), the full amount of past and future wage loss, and the full amount of your past and future pain and suffering.

If you are saying that the property damage was only $800, you will have a hard time convincing an adjuster that nerve damage was caused by what looks like a minor collision. Your age, pre-existing conditions and post-collision activities will be heavily examined to look for other causes. You should get a consultation with a PI attorney and a evaluation by a neurologist to determine the cause of your condition, your prognosis, the cost of treatment, and the expected recovery and any permanent deficits.

Tim Akpinar agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.

I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry.

After doing that you should set up an appointment with a local lawyer that handles the area of law in question. If you need a referral, please contact me at 760 837-7500 or dale@dalegribowlaw.com. In other words, you do not hire an LA lawyer for a case in Palm Springs or OC and visa versa. Of course, on a criminal case, if you cannot afford a lawyer the court will appoint one for you.

It's also important that you not talk about this case to anyone except your attorney. Please remember anything you say online herein is discoverable and can be used against you.

However, if someone else is at fault you should be entitled to compensation for all the injuries related to the accident....plus pain and suffering. Whether your delay in treatment will prevent a lawyer from the taking the case i don't know.

The problem with talking to anyone, be it the police or an insurance adjuster, is they may misunderstand what you said or they do not write down everything. Sometimes the problem is what THEY THOUGHT THEY HEARD YOU SAY that hurts you. You never want to admit to anything.

You should consider retaining a lawyer, remaining silent and letting the lawyer be the strawman and taking the heat for anything you did wrong.

In other words for instance, you would be happy to talk to the police or the insurance company, but your lawyer has ordered you “not to talk without his permission”.

You then suggest they talk to your lawyer for permission for you to talk to them. I never let my clients talk to anyone and always take the blame for any issue.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: You should consult with an attorney, in terms of medical issues and preserving rights in a possible action. Many personal injury attorneys provide free initial consultations.

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.