Legal Question in Personal Injury in California

Rear ended

I was in a suv that was rear ended in califorina.The diver behind us foot slip off brake.I was not driving.What are my rights and limitation. I live in Indiana. Thank you.


Asked on 9/07/01, 12:09 pm

3 Answers from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Rear ended

You will still be able to move forward with legal action to recover your damages in spite of the fact that you and the other party reside in different states. However,the extent of your injuries and loss will have an impact on the matter. If you cannot reach settlement with the other party's insurance company, suit may need to be filed in the state of California. In Indiana an injured party has two years from the date of the loss to file a legal action. Most states are similar in that regard which affords one the opportunity to determine the extent of the injuries. Losses may include medical,therapy, lost wages and other items which have resulted due to the othe party's actions. There are many other considerations in such a matter as well for which there is not enough time to cover here. Yet, I hope this has helped in addressing your concerns.

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Answered on 10/25/01, 5:25 pm
Charles Rossman Charles Rossman Injury Lawyer

Re: Rear ended

Hello/

The advice from Atty Tarramsco appears to be correct. Without repeating it,if you have been injured you would have a right to recover for your damages in California which has a one year filing limitation, against both drivers. You would be advised to use a California Attorney. Almost everything could be handled by mail or phone. I would be interested in speaking to you further. 562 267-7777.

Good Luck = Charley Rossman

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Answered on 10/25/01, 7:21 pm
Khachik Akhkashian Diamond, Burt & AKhkashian, LLP

Re: Rear ended

As to your rights, you are entitled to compensation for the pain and suffering that you have experienced as a result of this accident and that will not change because of the fact that you reside in Indiana.

However, as to your limitations, it is not possible to file a suit in Indiana beacuse the incident occurred in CA. Because of this, your ability to effectively negotiate will be hindered if you dont find a CA attorney to handle the matter for you, and pose a threat to file in CA if a settlement figure is not obtained.

I hope that this information has been useful and answered some of your concerns, if you have any further questions please do not hesitate to call on me. Please ask for Katch at (213) 384-2220.

Alternatively, you can visit my firm website is www.dba-law.com

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Answered on 10/25/01, 7:26 pm


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